Summary: We will not investigate this late complaint about the Council’s decision in 2022 that Mr X was not in priority need. There is not a good reason for the delay in him complaining, and in any event it was reasonable for him to use his statutory review and appeal rights.

The complaint

1. Mr X complained the Council withdrew support to relieve his homelessness in late 2022, deciding he was not in priority need. He said he has had no permanent housing since then and no meaningful assistance, and this has had a significant impact on his mental health. He wanted the Council to review its decision and accept a main housing duty.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provided Mr X with interim accommodation in mid-2022 after he became homeless. It then decided, in late 2022, that it did not owe him the main housing duty as he was not in priority need.
8. The Council’s letter to Mr X in late 2022 explained he had the right to request a review within 21 days. Had he done so, and received a review decision that was not in his favour, the Council would have informed him of his statutory right to appeal the matter to the county court.
9. We normally expect people to use their statutory rights of appeal. Had Mr X come to us at the time, we would have decided not to investigate his complaint about the Council’s decision he was not in priority need, as it would have been reasonable for him to ask the Council for a review then appeal to the county court.
10. Mr X complained to the Council, and then us, in mid-2025. The Council declined to investigate a complaint as the matter Mr X complained about occurred in 2022. There is not a good reason for the delay in Mr X bringing a complaint to us about events of 2022, and so we also will not investigate the matter now.
11. Mr X indicates he has not received any meaningful support more recently. It is open to Mr X to complain to the Council and then us if necessary, if he is dissatisfied with how the Council has responded to any more recent approaches for support to relieve him of his homelessness.

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Final decision

12. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to the Ombudsman, and it would in any event have been reasonable for him to ask the Council for a review then appeal the matter to the county court.

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Investigator's decision on behalf of the Ombudsman