Summary: We will not investigate this complaint about how the Council handled Mr X’s homelessness application, including his accommodation, the financial arrangements put in place, and its failure to act on a known rental overcharge. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now. Additionally, Mr X has a right of appeal on a point of law to county court and it would be reasonable for him exercise this.

The complaint

1. Mr X complained about the Council’s handling of his homelessness application, including his accommodation, financial arrangements, and failure to address a known rental overcharge, which caused him distress.

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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 un-reasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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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. In 2022, Mr X complained about the Council’s failure to use its regulatory authority regarding harassment by his landlord. He was told to keep liaising with the landlord to complete the works requiring. In January 2023, Mr X also states he was threatened with being declared intentionally homeless due to dispute over arrears.
8. 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. I will not be investigating this complaint, as it is a late complaint, and I have not seen any evidence of good reasons why any of these issues were not raised within 12 months of the concern arising.
9. Mr X requested a review of the Council’s decision to discharge its relief duty, stating the accommodation offered did not meet his medical needs.
10. A Council can end its homelessness duty by offering accommodation it considers suitable. Anyone who believes the Council’s offer is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the offer was unsuitable, the offer will not stand. If the review decides the offer was suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204).
11. The Council reviewed the matter and concluded the property offered to Mr X was suitable and informed Mr X that its decision could be appealed at county court. We will not investigate the Council’s decision to discharge its relief duty, if Mr X disagreed with the Council’s decision the accommodation was suitable, it was reasonable for him to exercise his right of appeal to county court.

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Final decision

12. We will not investigate Mr X’s complaint because it was a late complaint and there are no good reasons to exercise discretion to consider it now. Additionally, Mr X has a right of appeal on a point of law to county court, and it would be reasonable for him exercise this.

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Investigator's decision on behalf of the Ombudsman