Summary: We will not investigate this complaint that the Council did not provide Housing Association accommodation in 2017. This is because it is a late complaint, the complainant could have used his review rights, and there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains of fraud and racism by the Council. He says the Council forced him to rent in the private sector and refused to offer a Housing Association home. Mr X wants the Council to offer another home and to pay compensation to reflect his housing since 2017.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 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 review or appeal.

(Local Government Act 1974, section 24A(6))

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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. When a council accepts someone as homeless it must provide suitable accommodation. This can be social housing or in the private sector. If the person does not think an offer of accommodation is suitable they can use their review and appeal rights. If someone refuses an offer of suitable accommodation a council can discharge its homelessness duty and does not have to provide further accommodation.
6. The Council accepted Mr X as homeless. It offered a three bedroom home in the private sector in 2017. Mr X accepted the offer and still lives in that property.
7. Mr X wanted a Housing Association property. He complains the Council forced him to accept a privately rented home. He has accused the Council of fraud and racism. He says Council officers were friends with the landlord and that is why he was offered the property. The Council invited Mr X to provide evidence to support this allegation; Mr X did not provide any evidence. The Council denies any officer is a friend of the landlord.
8. I will not investigate this complaint for the following reasons. This is a late complaint. The Council offered the flat in 2017 but Mr X did not complain to us until 2022. I have not seen any good reason to investigate a complaint that is five years old.
9. Further, if Mr X thought the Council had made an unsuitable offer he could have used his review and appeal rights in 2017.
10. Finally, there is insufficient evidence of fault by the Council. The law allows councils to discharge the homelessness duty by offering private sector accommodation. The law does not require councils to provide Housing Association homes. I have not seen any evidence of fraud or racism or any evidence to support Mr X’s allegations. Instead, there is evidence the Council offered a home in 2017, which Mr X still lives in, and the Council has supported Mr X through housing benefit and discretionary housing payments.

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Final decision

11. We will not start an investigation because this is a late complaint, there were review rights Mr X could have used, and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman