Summary: We will not investigate this complaint about how the Council dealt with Mr X’s homelessness application. Part of the complaint is late; it is reasonable to expect Mr X to have appealed to the county court and part of the complaint is premature.

The complaint

1. Mr X complains that the Council mishandled his homelessness application as it:

• Placed him in unsuitable private rented accommodation and wrongly considered he was intentionally homeless when he moved out.
• Missed a deadline for making a housing decision and left Mr X and his family in unsuitable emergency accommodation

2. Mr X says the Council’s actions have caused significant distress, health problems and financial loss to him and his family.

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The Ombudsman’s role and powers

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)
5. 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 injustice to the person who complained, or any injustice is not significant enough to justify our involvement,.(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Some years ago, Mr X made a homelessness application. In 2020, the Council found private rented accommodation for Mr X and ended its homelessness duty. In spring 2024 Mr X moved out of the property. Mr X said this was due to damp and mould in the property which caused him and his family to develop health problems.
9. We will not investigate how the Council considered Mr X’s concerns about his private rented property. Mr X made his complaint to the Ombudsman in late 2025 But he was aware of his concerns about damp and mould in 2023 and he moved out of the property in spring 2024. So, the complaint is late and there are no good reasons to investigate it now.
10. In late 2024 Mr X made a homelessness application. The Council accepted the relief duty and placed Mr X and his family in interim accommodation. The Council then ended the relief duty as it considered Mr X was intentionally homeless. Mr X requested a review of this decision. The Council considered Mr X’s review but did not change its decision.
11. We will not investigate Mr X’s complaint about the Council’s decision that he was intentionally homeless. Mr X had the right to appeal to the county court on a point of law against the Council’s decision. The Council notified Mr X of his right of appeal when it issued its review decision. Mr X considers the Council did not properly consider his evidence so he could have appealed on a point of law. So, it is reasonable to expect Mr X to have appealed to the county court.
12. We will not investigate Mr X’s complaint about the Council’s delay in making a housing decision. Any such delay will not have caused significant enough injustice to Mr X to justify an investigation of his complaint. The delay would not affect the Council’s decision that he was intentionally homeless.
13. We will not investigate Mr X’s complaint about the suitability of the interim accommodation offered to him in late 2024 and onwards. Before we can consider a complaint, a council must have had a reasonable opportunity to investigate the complaint and respond to the person complaining. There is no evidence to show Mr X has complained to the Council about the suitability of his interim accommodation and that the Council has considered the complaint through all stages of its complaints procedure. So, we cannot consider the complaint at this time. Mr X may be able to make a complaint to the Ombudsman about this matter once he has made a complaint to the Council and it has completed its consideration of the complaint.

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Final decision

14. We will not investigate Mr X’s complaint as part of the complaint is late, it is reasonable to expect him to appeal to the county court and part of the complaint is premature.

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Investigator's decision on behalf of the Ombudsman