The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the suitability of her temporary accommodation. This is because the complaint is late.
The complaint
Miss X complains: The Council provided her with unsuitable temporary accommodation in 2021; About the Council’s actions following her reports she has been harassed by her neighbours since 2021; Unsuitable action was taken by the police following her report of a crime in 2022; The Council breached its data protection duty; The Council handled her housing rent account poorly; and The Council handled her complaint poorly.
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) 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) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint about the Council placing her in unsuitable accommodation is from 2021. This complaint is late and I consider there is no good reason to investigate now.
Miss X has not yet complained to the Council about its handling of her harassment reports or its handling of her housing rent. I will not consider these matters as the Council has not yet had the opportunity to investigate and reply. In any case these complaints Miss X’s complaint about the release of her data is better dealt with by the Information Commissioner.
I cannot consider Miss X’s complaint about police actions as the police is not a body in our jurisdiction.
It is not a good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issues.
Final decision
We will not investigate Miss X’s complaint because it is late and there is no good reason to investigate now.
Investigator's decision on behalf of the Ombudsman