Summary: We will not investigate this late complaint about the Council’s decisions on Mr X’s homelessness application. There is not a good reason for the significant delay in Mr X bringing the complaint to us, and in any event it was reasonable for Mr X to appeal the decisions he complains about.

The complaint

1. Mr X complained about the Council’s actions when he presented to it as homeless in 2018. He said it wrongly decided he was not in priority need and it offered him unsuitable accommodation. He said this caused him six years of homelessness, caused his mental health to worsen and resulted in him going to prison. He wanted the Council to pay him compensation and terminate the employment of the officer who dealt with his application.

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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 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 the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains about the Council’s decisions relating to his homelessness after he had presented to it as homeless in 2018.
7. The law says people must complain to us within 12 months of becoming aware of the matter. Mr X has spent some of the intervening time in prison. This provides some explanation for the delay. However, Mr X was discussing the outcome of his homelessness application with the Council at the time, and he could have complained to us. It is also not impossible to complain to the Ombudsman whilst in prison, and Mr X could have asked a representative to complain on his behalf.
8. In any event, the decisions Mr X complains about are decisions that bring statutory appeal rights. The Council’s decision he was not in priority need, and the suitability of accommodation it offered him, were decisions it would have been reasonable for him to appeal to the county court. The court is the appropriate body to consider such decisions. We would not therefore investigate these decisions instead, even if the complaint were in time.

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Final decision

9. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to us, and in any event the complaint is about decisions it would have been reasonable for him to appeal.

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Investigator's decision on behalf of the Ombudsman