Summary: We will not exercise discretion to investigate Ms X’s complaint about a housing transfer in 2016. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner. We will not investigate the assessment of Ms X’s current housing application because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the suitability of the Council transferring her from her council home in 2016 to a smaller property after she suffered harassment. She also complained about the Council’s assessment of her current housing application to move again because of neighbour issues.

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Ms X moved from her 2-bedroom council home in 2016 to a one bedroom property because she was suffering harassment from her neighbours. She says the move was unsatisfactory and she should not have been offered a smaller home.
7. We cannot investigate this complaint because the move was a management transfer by her social housing landlord outside the normal allocation scheme and it took place six years ago which is outside the 12-month period for receiving complaints. There is no evidence to suggest the Ms X could not have complained to us sooner.
8. Ms X applied to the housing register for a move again in 2020 because of problems with her neighbours. The Council told her she is only eligible for a like for like property which in her case in one-bedroomed flats. Ms X says this is unreasonable as she now has her granddaughter staying with her and needs a separate bedroom because of medical reasons.
9. The Council told her that she could not be considered for a larger property and remains in Band 2 because Band 1 is reserved for emergency and exceptional medical priority applicants. Ms X asked for a review of her application. The case was reviewed by the Council’s Social Needs panel but remains in Band 2.
10. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need. I have seen no evidence of fault which would suggest Ms X should be placed in a higher banding.

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Final decision

11. We will not exercise discretion to investigate Ms X’s complaint about a housing transfer in 2016. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner. We will not investigate the assessment of Ms X’s current housing application because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman