Birmingham City Council (25 025 479)

Category : Housing > Homelessness

Decision : Upheld

Decision date : 02 Sep 2026

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint about the Council’s handling of her homelessness application. Part of the complaint is late. Further investigation would not achieve anything more, and it was reasonable for Miss X to ask the Council to review the suitability of her temporary accommodation.

The complaint

  1. Miss X complained about the Council’s handling of her homelessness application since August 2024. She complained that the Council placed her family in two unsuitable temporary accommodations, including a Bed and Breakfast accommodation (Accommodation A) from January to September 2025. Miss X said the Council placed her in another temporary accommodation (Accommodation B) in September 2025 which was also not suitable.
  2. Miss X said as a result she was caused distress, uncertainty and financial hardship.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome, 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

  1. I considered information provided by Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X complained to us in January 2026. We will not investigate the Council’s handling of Miss X’s homelessness application before she was placed in Accommodation A in January 2025 because that complaint is late with no good reason to consider it now.
  2. The Council accepted that Miss X stayed in Accommodation A for 29 weeks more than the statutory maximum of six weeks. It provided Miss X with a financial remedy of £2,900 for the injustice caused, calculated at £100 per week for the additional 29 weeks. We will not investigate this. The Council’s remedy was in line with our guidance and further investigation will not achieve anything more.
  3. Miss X said Accommodation B is overcrowded and not suitable. We will not investigate this complaint. It was reasonable for Miss X to ask the Council to review the suitability of Accommodation B. If she was unhappy with the outcome, it was open to her to appeal to the county court.

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Final decision

  1. We will not investigate Miss X’s complaint because part of the complaint is late, further investigation will not achieve a different outcome and she had a right of review about the suitability of her temporary accommodation.

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Investigator's decision on behalf of the Ombudsman

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