Summary: We will not investigate Miss X’s complaint about disrepair in her temporary accommodation and the length of time she has waited for social housing. It would have been reasonable for Miss X to request review of the suitability of her temporary accommodation and then use her appeal rights if she disagreed with the Council’s decision. There is also insufficient evidence of fault in the Council’s application of its lettings scheme.

The complaint

1. Miss X complains about the length of time she has spent in temporary accommodation while waiting for an offer of social housing. Miss X says her temporary accommodation is not suitable for her family and is in a state of disrepair.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X is living in temporary accommodation and has been on the housing register since 2012.
8. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Miss X did not complain to the Ombudsman until November 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I see no good reason to consider matters Miss X has been aware of since before November 2024.
9. Miss X complains her temporary accommodation property is not suitable for her household and is in a state of disrepair. Miss X requested a suitability review of the property but later withdrew her request.
10. Whether a particular property meets the legal definition of suitability for a particular person is a point of law. The law expressly provides this route for disputes about the suitability of temporary accommodation. We normally expect people to use this route. The court could overturn the Council’s position and make a binding order if it sees fit. 
11. If Miss X felt the property was not suitable it would have been reasonable for her to ask the Council to complete a suitability review. If she the disagreed with suitability decision, it would have been reasonable for her to challenge the review decision through appeal to the County Court. 
12. Miss X also complains about the length of time she has spent on the housing register waiting for an offer of permanent social housing.
13. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme. There is not enough evidence of fault in the Council’s application of their lettings scheme to justify investigating.

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Final decision

14. We will not investigate Miss X’s complaint. It would have been reasonable for Miss X to request review of the suitability of her temporary accommodation and then use her appeal rights if she disagreed with the Council’s decision. There is also insufficient evidence of fault in the Council’s application of its lettings scheme.

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Investigator's decision on behalf of the Ombudsman