Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to progress homelessness applications made by Mr X in 2023 and 2024. 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’s failure to progress homelessness applications which he made in 2023 and again in 2024. He says as a result he experienced uncertainty and stress about his housing and was not offered interim accommodation. He says he should be compensated for the 2 years and 10 months of stress which he experienced before making his complaint.

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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 it would be reasonable for the person to ask for a council review or appeal.

(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. Mr X applied to the Council as homeless in 2023. He was assessed initially and an appointment was made for an interview which he was unable to keep. He made a fresh application in August 2024 and the Council accepted him under the Prevention duty of the Housing Act 1996 Part 7. This required it to give advice about finding accommodation. He was then accepted under the Relief duty but was not offered interim accommodation as he was sharing the family home with his mother but was threatened with homelessness.
7. The Council sent letters explaining the duties under the legislation and advising him of his right to seek a review of the decisions under s.202 of the legislation within 21 days. Mr X did not seek a review or make a formal complaint to the Council about the decisions or the progress on his applications at the time.
8. We will not investigate this complaint matters which the complainant was aware of more than 12 months before they brought it to our attention. 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.
9. Mr X could have complained to us about the Council’s handling of his application both in 2023 and 2024. We would have advised him to seek a review once the duty decision letters had been issued because we cannot overturn decisions on homelessness applications. We would expect someone to use the review/appeal procedure offered by the legislation.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s failure to progress homelessness applications made by Mr X in 2023 and 2024. 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