Summary: We will not investigate this complaint about how the Council handled Ms X’s two homeless applications. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complained the Council failed to deal appropriately with two homeless applications she made. She says that as a result, she has experienced hardship and trauma. She wants an apology, compensation and staff to receive training.

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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. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate the Council’s actions relating to the first homeless application, which Ms X made in June 2023. She has been aware of the matters she complains about for over 12 months and I can see no reason why she could not have complained earlier.
7. Ms X made a second application in September 2023. Because she had been served notice by her landlord to leave her rental property, the Council accepted a preventative duty and then a relief duty.
8. The Council ended its relief duty in March 2024 when Ms X moved into rented private accommodation. It wrote to Ms X to tell her this and also informed her she had 21 days to appeal its decision.
9. Just over a month later, Ms X appealed the Council’s decision to end its relief duty because she felt her current accommodation was unsuitable. She said her appeal was late because she was taking part in an employment tribunal, her internet stopped working and her solicitors were late dealing with her case. The Council rejected her appeal because it had not been made within 21 days. In its complaint response, it provided more details about why it had decided not to exercise discretion to accept a late appeal.
10. We will not investigate this complaint. The Council provided Ms X with details of her appeal rights and the timescales. When she made a late application, it rejected it because it was late and subsequently provided reasons why it did not decide to exercise discretion. Therefore, there is not enough evidence of fault to justify an investigation.

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Final decision

11. We will not investigate Ms X’s complaints. Some are late and there is not enough evidence of fault to justify investigating those that are in time.

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Investigator's decision on behalf of the Ombudsman