Summary: We will not investigate Miss X’s complaint about the Council’s provision of accommodation which she says is unsuitable. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains the Council provided unsuitable accommodation in 2023, away from her support network.
2. Miss X says her circumstances have since changed and her current property is now overcrowded.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
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 Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complained to us in December 2024. I will not investigate her complaint about the suitability of accommodation offered in May 2023 because it is late. There are no good reasons why Miss X could not have complained to us within 12 months. Further, Miss X had the right to a review of the suitability of her accommodation at the time, and documents show the Council notified her of this. I will also not investigate as it was reasonable for her to ask for a review.
9. Miss X says her son now lives with her, meaning her property is overcrowded. This complaint is in time.
10. In its complaint response, the Council asked Miss X to update its housing team of any change in her circumstances. Evidence shows Miss X contacted the team in October 2024. However, it remained for her to provide supporting evidence, namely evidence of receiving child benefit for the additional child.
11. There is no evidence Miss X had provided the outstanding information to the Council at the time of complaining to us. Therefore, there is not enough evidence of fault by the Council to justify investigating.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman