Summary: We will not investigate Ms X’s complaint about the Council not securing alternative accommodation for her relative. This is mostly because the complaint is late without good reason to investigate it now.

The complaint

1. Ms X complains the Council failed to find alternative accommodation for her homeless relative and instead pressured them to live with Ms X. She says this caused financial strain, including a reduction in her housing benefit, increased rent arrears, and higher utility bills. She also says the situation led to damage to her property. Ms X further complains that Council staff treated her poorly throughout the process, including a home visit about a possible eviction, during which she felt bullied.
2. Ms X wants the Council to apologise to her and compensate her for its failures and the harm its actions caused her.

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The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

7. I considered information provided by Ms X and the Council.
8. I also considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate the Council’s assessment of Ms X’s relative’s homelessness application, including whether it failed to secure alternative accommodation. Any complaint about this would need to be made by Ms X’s relative in her own right.
10. In any event, the events complained of were nearly three years old by the time Ms X complained to us. This makes the complaint late. If Ms X, or her relative, were dissatisfied with the Council’s homelessness assessment then it would have been reasonable for them to complain to the Council, or us, at that time. I see no good reason why they could not have complained sooner and therefore I will not investigate this aspect of Ms X’s complaint.

Rent arrears and reduction in housing benefit

11. Ms X complains that her relative living with her caused a reduction in her housing benefit and increased her rent arrears. She says she did not initially notify the Council about her relative living with her because she believed the Council was already aware of her change in living circumstances.
12. Ms X became aware of the impact on her housing benefit more than 12 months before she complained to us. This makes her complaint late. Ms X raised matters with her advocate at that time and therefore I am satisfied she could have also complained to us sooner. I see no good reason why she could not have complained sooner and therefore I will not investigate this aspect of Ms X’s complaint.
13. Notwithstanding that Ms X’s complaint is late, as a housing benefit recipient she had a duty to report any changes in her living circumstances directly to the Council’s housing benefit team to avoid losing the benefit, having payments reduced or having to pay back overpaid money. She did not do this and therefore there is not enough evidence of fault by the Council on this point to justify us investigating.

Utilities bill and damage to home

14. Ms X complains that her relative living with her caused an increase to her utility bills and damage to her home. She wants the Council to compensate her for this.
15. We cannot investigate this aspect of Ms X’s complaint because it relates to matters the Council has addressed in its capacity as her landlord. Therefore, the Housing Ombudsman is better placed to consider this aspect of her complaint.

Staff bullying

16. Ms X complains that she felt bullied by Council staff, particularly when they visited her home to discuss her potential eviction due to her rent arrears. This aspect of Ms X’s complaints concerns the actions of Council staff who were acting in their capacity as Ms X’s landlord. Therefore, we cannot investigate this issue, and it is better addressed by the Housing Ombudsman.

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Final decision

17. We will not investigate Ms X’s complaint mostly because it is late with no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman