Summary: We will not exercise discretion to investigate this complaint about the Council’s refusal to accept Mr X’s housing application from a neighbouring authority or to move him from accommodation which he says is unsuitable. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council placing him in unsuitable accommodation in 2024 which he says is causing problems with his health. He also says he needs to be nearer to a hospital in the Council’s area and he was moved to accommodation in a neighbouring borough. He was told by the Council that he cannot apply to its housing register because he is not a resident and is not homeless with a local connection. He wants to be rehoused in the Council’s area.

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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. Mr X says he was placed in accommodation outside the Council’s area in 2024 under its homelessness duty. He says he was not aware that it was private rented accommodation at the time and now his health needs make it unsuitable because it is too far from the hospital in the Council’s area which he needs to attend regularly.
6. He asked the Council to place him in accommodation in its borough because his current accommodation is unsuitable. The Council says he was offered a private sector rental in a neighbouring borough which he accepted over a year ago and did not question its suitability. The rental was not temporary accommodation which carries a right of review of suitability while an applicant remains in occupation. He did not challenge the suitability of the offer in 2024 and we will not accept the complaint now because he complained to us more than 12 months after he accepted the tenancy. There is no evidence to suggest that Mr X could not have complained to us sooner.
7. 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.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s refusal to accept Mr X’s housing application from a neighbouring authority or to move him from accommodation which he says is unsuitable. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman