The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the suitability of her current accommodation. Her complaint about mould issues and the Council’s decision to end its homelessness duty is made late. The Housing Association’s actions since the Council ending its duty are better handled by another body.
The complaint
Miss X complains that the Council wrongly ended her homelessness duty, which led to an eviction notice. She says it failed to assess her circumstances and that she was offered unsuitable and unsafe housing. Miss X says she has been living in accommodation with mould and damp that worsened her son's asthma and educational needs.
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 when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) 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 another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepted a homelessness duty from Miss X and placed her in temporary accommodation which was provided by a Housing Association. Miss X has been in her current property since at least 2020. The Council has since ended its duty, and the Housing Association has taken steps to evict Miss X.
Miss X first complained about mould and damp at the property in 2020. She said this was a recurring issue. The Council carried out works to remove the damp and mould. I will not investigate Miss X’s complaint about the condition of the property from 2020 until the Council ended its homelessness duty because this was made late to us, and there is no good reason to consider it now.
Miss X complained that the Council wrongly ended its housing duty. The Council says she rejected two suitable offers, so it ended its duty. I will not investigate this complaint because Miss X had the right to appeal to the County Court. It was reasonable for her to do this. This complaint is also late.
I cannot investigate Miss X’s complaint about the actions of the Housing Association since the Council ended its homelessness duty. This is because these matters are better dealt with by the Housing Ombudsman, as the accommodation is no longer provided by the Council as temporary housing.
Final decision
We will not investigate Miss X’s complaint because it was made late to us. Other issues around since the homelessness duty ending are better handled by another body.
Investigator's decision on behalf of the Ombudsman