Summary: We will not investigate this complaint about the Council’s provision of suitable temporary accommodation over the past 9 years and its failure to determine a suitability review in 2025. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about her previous accommodation. We will not investigate the non-determination of the review because she could have appealed about this to the County Court.

The complaint

1. Miss X complained about the Council’s failure to provide her with suitable temporary accommodation over the past 9 years. She also complained about its failure to determine her review of suitability of accommodation offered to her which she submitted in January 2025.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says the Council has placed her in unsuitable temporary accommodation over the past 9 years. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for accepting complaints. It was reasonable for Miss X To ask for a review of suitability under s.202 of the Housing Act 1996 in the previous years and to complain to us.
7. Miss X submitted a review of suitability to the Council in January 2025 and when it failed to decide it she complained to us. The Council has confirmed that the review was ended when Miss X accepted an offer of social housing and it ended the homelessness duty.
8. We will not consider this matter further. Miss X could have sought a determination of the review request by appealing to the County Court before she complained to us. As she is no longer homeless the review would not apply to her current accommodation.

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Final decision

9. We will not investigate this complaint about the Council’s provision of suitable temporary accommodation over the past 9 years and its failure to determine a suitability review in 2025. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner about her previous accommodation. We will not investigate the non-determination of the review because she could have appealed about this to the County Court.

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Investigator's decision on behalf of the Ombudsman