Birmingham City Council (25 020 588)
Category : Housing > Homelessness
Decision : Closed after initial enquiries
Decision date : 14 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council considered Mr X’s homeless application, including the circumstances of his placement and the financial arrangements put in place. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now.
The complaint
- Mr X complained about the Council’s handling of his homeless application, including his placement in accommodation, the financial arrangements put in place, and the Council’s failure to act after becoming aware of a rental overcharge, which he says caused him distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In April 2022, Mr X complained to the Council about its handling of his homeless application, including his placement in accommodation, the financial arrangements put in place, and its failure to act after becoming aware of a rental overcharge. In June 2022, the Council issued its final response, setting out its findings. Mr X subsequently brought his complaint to the Ombudsman in December 2025.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman