Summary: We will not investigate this complaint about temporary accommodation. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council had not responded to concerns she raised about the temporary accommodation it had placed her in. She said she was a non-smoker and the temporary accommodation also housed smokers. She said she had been exposed to second hand smoke throughout the time she had lived in the property. She also said the issue of smoking had caused disagreements between residents that had left her feeling threatened and affected her mental health. She wants the Council to financially compensate her to enable her to secure private rented accommodation.

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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.
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)
4. 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

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. Ms X said she initially approached the Council in 2022, seeking financial help to secure private rented accommodation. She said the Council refused that request for financial help therefore she made a homelessness application.
8. We will not investigate Ms X’s complaint about the Council’s decision not to provide financial help in 2022. The complaint was not made to us within 12 months therefore it is late, and there are no good reasons to exercise discretion and consider it now.
9. The Council placed Ms X in temporary accommodation at the start 2023. In June 2023, it accepted the main housing duty. Whilst living at the accommodation, Ms X contacted the Council with concerns about other residents’ behaviour and smoking. In its complaint response, the Council confirmed it responded to Ms X’s contacts; and that it offered Ms X alternative accommodation which she turned down. It provided a chronology of events. It did not uphold her complaint.
10. Although Ms X is not happy with the Council’s response we will not investigate. Firstly, homeless applicants may request a review of the suitability of accommodation offered after the Council has accepted the main housing duty. It was reasonable for Ms X to ask for a suitability review if she did not think the accommodation offered was suitable.
11. Secondly, the Council’s complaint response indicates the Council responded to Ms X’s concerns about other residents and smoking, including offering Ms X alternative accommodation. There is not enough evidence of fault to justify our involvement.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman