Summary: We will not exercise discretion to investigate this complaint about the Council’s discharge of its homelessness duty in 2024 and its failure to evict Mrs X from her former temporary accommodation. The complaint about the homelessness decision was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. There is no fault in the Council’s delay in evicting her from her current accommodation.

The complaint

1. Mrs X complained about the Council discharging its homelessness duty in 2023. She had a review in 2024 but this was unsuccessful. Since the review Mrs X has remained in her former temporary accommodation and she wants the Council to evict her so that she can present as homeless to a neighbouring council.

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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. 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
• we cannot achieve the outcome someone wants.

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

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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. Mrs X was determined to be intentionally homeless by the Council in September 2023. Her solicitors submitted a review request under s.202 of the Housing Act 1996 part 7 and this was decided and not upheld in January 2024. She did not exercise her right of appeal to the County Court to challenge the review outcome.
7. She complained about the Council to us in September 2025 which is outside the normal 12-month period for receiving complaints. There is no evidence to suggest that she could not have complained to us sooner. 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.
8. Mrs X also complained that the Council has not taken action to evict her from her former temporary accommodation. She says she wants it to do this so that she can make a homeless application to a neighbouring council. There is no duty on the Council to evict her at a particular time. She is not being accommodated under the homelessness duty and it would require a court order to remove her. There is no fault in the Council’s actions.
9. If Mrs X precipitates her own eviction she may be making herself homeless and this would have an impact on any future homelessness application she may make.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s discharge of its homelessness duty in 2024 and its failure to evict Mrs X from her former temporary accommodation. The complaint about the homelessness decision was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. There is no fault in the Council’s delay in evicting her from her current accommodation.

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Investigator's decision on behalf of the Ombudsman