Summary: We cannot investigate Ms X’s complaints about actions taken by the Council in 2017 and 2018 relating to the removal of her children and her eviction for rent arrears. These complaints are both outside our jurisdiction and in any case are late. We will also not investigate the Council’s decision in or around 2022 that Ms X was disqualified from joining its housing register because of her eviction and the outstanding rent she still owes. The complaint is late and I can see no good reason to exercise discretion and investigate now.

The complaint

1. Ms X complains the Council:
1. removed her children from her care in 2017;
2. evicted her from her property due to non-payment of rent in 2018; and
3. has disqualified her from its housing register due to the eviction and outstanding rent she still owes.
2. Ms X says she that as a result has been sleeping rough. She wants the Council to return her children and provide the family with accommodation.

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The Ombudsman’s role and powers

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 cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Ms X’s complaints in paragraph 1a) and 1b). Both of them are late and Ms X has given no reason why we should exercise discretion and investigate now. But in any case:
• the decision to remove Ms X’s children from her care was made by the court and we do not have the jurisdiction to investigate what happened in court; and
• we also do not have the jurisdiction to investigate complaints made by the Council in its capacity as a social landlord. These include actions relating to the eviction of Ms X for non-payment of rent.
9. We will also not investigate Ms X’s complaint in paragraph 1c). Again, her complaint is late and she has given no reason why we should exercise discretion and investigate now.

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Final decision

10. We cannot investigate some of Ms X’s complaints because we do not have the jurisdiction. The other complaint is late and Ms X has provided no good reason for us to exercise discretion and investigate now

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Investigator's decision on behalf of the Ombudsman