Summary: We will not investigate this complaint about problems at Miss X’s temporary accommodation. Part of the complaint is late without good enough reason for us to investigate it now. The Council has not had a reasonable opportunity to deal with the part of the complaint about more recent events.

The complaint

1. Miss X complains the Council failed to deal with disrepair and an infestation in her homelessness temporary accommodation and failed to offer alternative accommodation.

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The Ombudsman’s role and powers

2. 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 unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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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. Miss X and her family live in homelessness temporary accommodation arranged by the Council. Miss X complained to us in November 2024. She said the Council had failed to deal with disrepair and an infestation in the accommodation or to give her alternative accommodation since she moved there in 2021.
7. The restriction in paragraph 2 applies to events before November 2023. Miss X knew of the matters complained of several years ago. She did not complain to the Council until 2023. Even after the Council’s final response in October 2023 advised Miss X could complain to us, Miss X still did not do that for a further year. I note Miss X has been living in difficult conditions and that she has a problem with her sight. Nevertheless, I do not consider there are good enough reasons for us to investigate the late parts of the complaint now.
8. A complaint about events since November 2023 is not late. Miss X says problems with the property’s condition are continuing and she remains dissatisfied the Council has not given her different temporary accommodation. However, the complaint about events in this period is about matters after the Council finished dealing with Miss X’s formal complaint. As paragraph 3 explained, we would normally expect the Council to have a reasonable opportunity to deal with such a complaint before we investigate it. I do not see good enough reason to deprive the Council of that opportunity in this case. If Miss X is dissatisfied with these more recent events, she should make a new complaint to the Council and complete its complaint procedure. If she remains dissatisfied thereafter, she can bring this part of the complaint back to us.

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Final decision

9. We will not investigate Miss X’s complaint. Part of the complaint is late without good enough reason for us to investigate it now. The Council has not had a reasonable opportunity to deal with the part of the complaint about more recent events.

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Investigator's decision on behalf of the Ombudsman