Summary: We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and ending its homelessness duty. 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. It was reasonable for Ms X to ask for a review of the decisions at the time.

The complaint

1. Ms X complained about the Council ending its homelessness duty after it offered her accommodation which she refused because she says it was unsuitable. She says the Council has ended her temporary accommodation which she also says was unsuitable due to disrepair since 2020.

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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)

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How I considered this complaint

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

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My assessment

5. Ms X says she was placed in temporary accommodation by the Council in a property which she says was unsuitable due to problems with leaks, mould and electrical problems. She says she has reported these from 2020 and the Council failed to resolve them. We will not investigate these matters which took place outside the normal 12 months’ timescale for making a complaint. It was reasonable for Ms X to complain to us within 12 months and I have seen no evidence to suggest that she could not have complained to us sooner.
6. The Council offered Ms X alternative accommodation in early 2024 and she refused this because she said it was unsuitable for similar reasons to that of her current accommodation. The Council then discharged its homelessness duty and told her that it was ending her temporary accommodation and would require possession. Ms X complained to us until September 2025 which is outside the 12-month period for accepting a complaint.
7. We will not exercise discretion to investigate the matter now because it was reasonable for Ms X to ask for a review of the discharge of duty and suitability of the offer at the time in early 2024. The Council’s letter explained to her how to ask for a review and further appeal rights which she could have pursued.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s offer of unsuitable accommodation and ending its homelessness duty. 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. It was reasonable for Ms X to ask for a review of the decisions at the time.

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Investigator's decision on behalf of the Ombudsman