Summary: We will not investigate this complaint about several Council decisions concerning Mr X’s homelessness application between 2022 and 2024. The complaint is late and there are no good reasons for us to consider it now. In any case, Mr X had review then appeal rights to a court. It is reasonable to expect Mr X to have used these rights.

The complaint

1. Mr X complains about several Council decisions concerning his homelessness application between May 2022 and January 2024.

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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)
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:

• there is not enough evidence of fault to justify investigating, or
• 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In April 2022, Mr X was homeless and the Council had accepted the main housing duty. The Council offered him temporary accommodation.
9. Mr X complains, in May 2022, the Council unlawfully discharged the main housing duty by incorrectly treating his family’s request for repairs as a “refusal” of a suitable offer of accommodation. He says the temporary accommodation offered by the Council was not ready for occupation and was undergoing repairs. Mr X says the Council later admitted this. Also, he complains the Council failed to properly assess suitability.
10. Mr X asked the Council to review its decision.
11. In November 2022, the Council completed its review, but upheld its decision. Mr X complains the Council repeated its errors by upholding an unlawful decision and failed to apply the Equality Act 2010 and Children Act 2004.
12. In January 2024, Mr X asked the Council to review its decision again. He said he had new evidence for it to consider. The Council refused his request. Mr X says the Council wrongly relied on a 21-day limit.
13. Mr X complained to the Ombudsman in January 2026, meaning we would not usually look at events before January 2025. This means Mr X’s complaint is late. I have seen no good reasons for us to exercise discretion to consider it now.
14. In any event, Mr X had review then appeal rights to the county court if he wished to challenge the Councils review decision on legal grounds. It is reasonable to have expected to Mr X to have used these rights.
15. The Council’s reasons for refusing to carry out a review of its decision in January 2024 is in line with the Homelessness Code of Guidance for Local Authorities. There is not enough evidence of fault in the Council refusing Mr X’s late review request.
16. For these reasons, we will not investigate this complaint.

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Final decision

17. We will not investigate this complaint about several Council decisions concerning Mr X’s homelessness application between 2022 and 2024. The complaint is late and there are no good reasons for us to consider it now. In any case, Mr X had review and appeal rights. It is reasonable to expect Mr X to have used these.

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Investigator's decision on behalf of the Ombudsman