The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the accommodation the Council found for her was too expensive. The complaint is late, and she would have had the right to ask for a review of the suitability of the accommodation when the Council discharged its homelessness duty.
The complaint
Ms X complained the Council placed her in accommodation that was not affordable when she became homeless following an assault. She said that, as a result, she had to borrow money to pay the rent until she could claim benefits.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X became homeless following an assault. The Council accepted a homelessness duty and identified housing for her. Ms X told us she had raised concerns about whether she could afford the housing but was told she would be taken off the Council’s list if she refused.
Ms X accepted the housing. Some time later, she complained the housing was too expensive. She also complained about a loan from the Council to secure it, as she said the Council was now asking for more money that she expected and, in any event, she could not afford to repay the loan.
In its complaint response, the Council said: it had assessed the household’s income and expenses, and decided the housing was suitable. It had therefore advised her that, if she refused an offer of suitable housing, it could end its homelessness duty, which was appropriate; it would reissue the invoice for the loan, and allow Ms X to pay by 12 monthly instalments; and it could arrange for an appointment with the Citizens Advice Bureau (CAB) to look at the household’s financial position, and that it had already sent information about financial help.
In further correspondence, the Council confirmed it had offered advice and assistance about sources of help with finances, including help to apply for Council Tax support and Discretionary Housing Payments. It had also arranged for the CAB to contact her about her financial situation.
We usually expect people to complain to us within 12 months of the events they are complaining about. In this case, Ms X complained to us in April 2024 about events in 2022. The Council told Ms X she could complain to us in November 2022 at the end of its complaints process. I have seen no evidence to show Ms X could not complain to us sooner and there is therefore no reason to exercise discretion to investigate now.
In any case, the Council decided the housing was suitable when it ended its homelessness duty, and this included considering whether it was affordable. Ms X had the right to ask for a review of the suitability of the housing at that time and could then have appealed to the county court on a point of law. It was reasonable for her to have exercised those rights.
We will therefore not investigate the complaint further because it is late and because Ms X had review and appeal rights that it was reasonable for her to exercise.
Final decision
We will not investigate Ms X’s complaint because it is late and because she had review and appeal rights that it was reasonable for her to exercise.
Investigator's decision on behalf of the Ombudsman