Summary: We will not investigate this complaint about the Council’s actions related to Miss X’s homelessness. This is mainly because the complaint is late without good reason to investigate it now.

The complaint

1. Miss X complains that, after she contacted the Council when fleeing domestic abuse in June 2022: the Council said it would place her in a refuge but instead provided an interim accommodation flat without furniture from July to August 2022; delayed helping her further because it wanted her to go to a particular refuge although there were other places it could have arranged; and, after Miss X had settled in a different refuge, the Council told Miss X in October 2022 it would end its homelessness duty if she did not move to the original refuge.

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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. 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. 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)

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How I considered this complaint

4. I considered information provided by the complainant and copy complaint correspondence from the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Most of the events and moves between different accommodation that Miss X complains of were between June 2022 (when Miss X contacted the Council) and October 2022 (the move to the second refuge).
7. Miss X complained to the Council in January 2023. She was dissatisfied with the Council’s first response. Miss X emailed the Council on 4 February 2023 declining to use the next stage of the Council’s complaint procedure and stating, ‘I will submit all evidence to the Ombudsman.’ However, Miss X did not complain to us until January 2024.
8. The restriction in paragraph 2 therefore applies because the complaint to us was over 12 months after the events Miss X complains about. I note Miss X has meanwhile moved again and she reports she now has mental health problems. However, as Miss X intended to complain to us in early February 2023, she could reasonably have done so then or shortly after. Contacting us is not onerous. So events between February 2023 and January 2024 are not necessarily key to my decision here. Moreoever, even if Miss X could not have contacted us in early February 2023, and while mental health difficulties and moving might have delayed Miss X complaining somewhat, I still consider she could have contacted us much sooner. So I am not persuaded there are good enough reasons to pursue the complaint now.
9. Miss X wants the Council to change practices and provide staff training based on her experiences. However, it is unlikely we could extrapolate from the Council’s actions over a year ago that we should make any such recommendations now. So that is not a reason for us to investigate the complaint now.
10. Miss X says the Council’s actions adversely affected her health. This is a claim of personal injury. The courts can consider that, so paragraph 3 applies to this point. The possible cost of court action does not in itself automatically mean the Ombudsman should investigate instead. The existence of and liability for personal injury are not straightforward legally. It is more suitable for the courts than the Ombudsman to decide these points. So it would be reasonable for Miss X to go to court if she wants a decision on this point.

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Final decision

11. We will not investigate Miss X’s complaint. The complaint is late without good enough reason to investigate it now. The point about alleged personal injury is more suitably for the courts to decide.

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Investigator's decision on behalf of the Ombudsman