Summary: We will not investigate this complaint about the Council's decision to end its homelessness duty following Mr X's refusal of an offer of settled accommodation because Mr X's complaint is made late and there is no good reason to consider it now. The Council’s decision to seek possession of his temporary accommodation is subject to court proceedings. The law says we cannot investigate complaints about court action.

The complaint

1. Mr X complains the Council is evicting him from his temporary accommodation following his refusal of an offer of accommodation in 2023. He says he refused the property because he considered it unsuitable, was then unable to bid for housing for one and half years and has only recently resumed bidding. He says the Council has now served a notice requiring him to leave the temporary accommodation. He wants the Council to allow him to remain in the temporary accommodation or provide alternative housing.

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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).
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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. Mr X complains the Council is seeking possession of his temporary accommodation, ended its homelessness duty after he refused an offer of accommodation in 2023, and prevented him from bidding for housing for one and a half year afterwards.
8. The Council offered Mr X settled accommodation through its allocations scheme in April 2023. Mr X refused the offer because he considered the area unsafe. The Council then decided it had discharged its homelessness duty and notified Mr X of his right to request a review. Mr X exercised that right, and the Council upheld its decision.
9. We will not investigate Mr X’s complaints that the Council ended its homelessness duty or restricted his bidding. His concerns are about issues that happened more than 12 months ago, and I see no good reason why he could not have complained to us sooner. Further, Mr X had the right to seek a review and then appeal the Council’s decision to end its homelessness duty, and it was reasonable for him to do so.
10. We will not investigate the Council's decision to seek possession of Mr X's temporary accommodation. We cannot investigate matters that are subject to court proceedings.

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Final decision

11. We will not investigate Mr X’s complaint because part is made late and there is no good reason to consider it now. And part is subject to court action.

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Investigator's decision on behalf of the Ombudsman