not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered to Miss X and the Council’s removal of her application for the housing register after she took a tenancy outside the Borough in 2019. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about being offered unsuitable temporary accommodation outside the borough when she was made homeless in 2017. She says she was forced to accept the accommodation and then accepted a private tenancy in another borough without being informed that it would affect any future application due to her local connection being lost. She says she should have her latest application accepted to the register.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X was housed by the Council in temporary accommodation outside the borough in 2017. She says this accommodation was unsuitable for her needs but she accepted the accommodation. The Council told her that it advised her of her rights to ask for a review of suitability at the time and she did not do so.
In 2019 the Council offered Miss X a full time tenancy in a neighbouring borough. She accepted it but says this was because she did not want to refuse an offer and have her homeless case ended. The Council says it made the details of the offer and its consequences clear at the time. She could have again challenged the suitability of the offer but did not do so. Because she was outside the borough Miss X’s application was initially demoted to Band D which is no priority. She submitted another application and when this was processed, she was removed from the register because she no longer resided in the borough ad so was ineligible under the allocations policy.
Miss X moved again inside the borough in 2022 but has not completed a new application. She made a formal complaint in May 2021 and the Council rejected any claim of fault. It said her application should have been removed from the register earlier from when she took the tenancy in 2019 rather than being awarded Band D.
Miss X did not complain to us until August 2022 which is outside the 12-month period from when she took the tenancy outside the borough and became ineligible. There is no evidence to suggest that she could not have complained to us sooner. Miss X will need to complete a new application form her current address and the Council will advise her if she meets the requirements of the allocations policy. She is entitled to a review if the application is rejected.
Final decision
We will not exercise discretion to investigate this complaint about the suitability of temporary accommodation offered to Miss X and the Council’s removal of her application for the housing register after she took a tenancy outside the Borough in 2019. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman