London Borough of Lambeth (25 009 234)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 01 Dec 2025
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council placing Ms X in unsuitable temporary accommodation. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
The complaint
- Ms X complained about the Council placing her in temporary accommodation in 2023 which she says was unsuitable for her needs. She says the accommodation is too small for her and her child and lacks natural light in the bedroom. She also says the site is mainly populated by male residents and there is a lot of noise in the locality. She wants to be housed in more suitable accommodation.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she was placed in temporary accommodation by the Council in June 2023. She says the accommodation was described as a studio flat but she says it has insufficient space for her and her child in a cot. She also says the accommodation is in a site mainly housing male residents and that the location has a lot of noise from other residents.
- She complained to the Council in September and November 2023 about the accommodation. The Council responded to her complaints in 2024 and told her that it would measure the accommodation but that it had no control over who was housed in the area or noise they may be making because it was not council accommodation. It advised her how to complain to the landlord and the environmental services team.
- Ms X did not complain to us until July 2025 which is outside the normal 12-month period for accepting complaints. It was reasonable for her to complain to us within 12 months or to ask the Council to carry out a review of suitability under the Housing Act 1996 in 2023 when she became aware of the problems she reported.
- We made enquiries of the Council and it says that Ms X has been rehoused permanently since she completed the complaints procedure.
- We will not investigate this complaint because it was received outside the 12-month period. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Final decision
- We will not exercise discretion to investigate this complaint about the Council placing Ms X in unsuitable temporary accommodation. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman