Summary: We will not investigate this complaint about the Council allegedly giving incorrect housing advice in connection with possession proceedings the complainant commenced in mid-2022. This is because the complaint is late and there are no good reasons to exercise discretion and investigate the issues now.

The complaint

1. The complainant (Mrs J) complains about the Council’s handling of a housing matter involving her previous tenant (Ms X). Mrs J alleges the Council told her Ms X to remain in occupation of the rented property even though a court possession order had been granted. Mrs J says she was told by Ms X the Council had given her advice that she should not leave the property until bailiffs had been instructed to enforce the possession order.
2. In summary, Mrs J says the information given to Ms X was inconsistent with government issued guidance and delayed her recovering possession of the property. She also explains she incurred expenses due to the delay and was caused unnecessary distress and uncertainty. As a desired outcome, Mrs J wants the Council to be held accountable and to reimburse her expenses.

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The Ombudsman’s role and powers

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).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The evidence shows that Mrs J had been seeking repossession of her property from Ms X since August 2022. This appears to be when Mrs J issued a s21 notice which gave Ms X two months’ notice to leave. It is also when Ms X applied for housing from the Council. I note Mrs J subsequently obtained a possession order from the courts requiring Ms X to leave by mid-June 2023. Ms X left Mrs J’s property in July 2023. In response to Mrs J’s complaint, the Council says it had been looking to identify alternative accommodation for Ms X since October 2022. It says the advice it provided to Ms X regarding her rights of occupation was prior to it receiving evidence of a valid s21 notice being issued by Mrs J. The Council denies that it gave Ms X advice to remain in occupation of the property following either a court possession order or the legal enforcement of that order.
6. I have not been provided any evidence of the Council giving Ms X advice to remain at the property until bailiffs had been instructed. In my view, it is unlikely the Council would advise Ms X to remain until enforcement of the possession. This is because this would be inconsistent with the Council’s efforts in securing and providing Ms X alternative accommodation in July 2023. I consider it more likely the Council gave advice housing advice when Ms X first approached the Council in mid-2022 to request alternative housing.
7. The legal restriction I outline at paragraph three (above) inserts a time limit for a member of the public to bring their complaint to the attention of the Ombudsman. Its intention is two-fold: to provide us with the best opportunity of arriving at a robust, evidence-based decision on complaints about recent events and to ensure fairness by enabling us to decline an investigation into historic matters, which could and should have formed the basis of a complaint to us far sooner.
8. The complaint requires examining events in August 2022 to determine what advice the Council gave Ms X at this time. The evidence suggests this is also when Mrs J became aware of the Council’s involvement. The complaint is therefore late. I have considered whether there are good reasons to exercise my discretion. However, Mrs J has not pointed to any specific evidence of fault by the Council which includes details such as dates and those involved. It is therefore unlikely we would now be able to reach an evidence-based judgement on what specific advice the Council gave. I also consider Mrs J could have complained to us sooner. I will not exercise my discretion and to disapply our time limits.

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Final decision

9. We will not investigate this complaint. This is because the complaint concerns events in mid-2022 which Mrs J had notice of. The complaint is late and there are no good reasons to exercise discretion in this respect.

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Investigator's decision on behalf of the Ombudsman