Summary: We will not investigate this complaint about housing allocations because the complaint is late without good reason to exercise discretion to investigate it now.

The complaint

1. Miss Y complained the Council has failed to offer her permanent accommodation despite being on the Council’s housing register since 2018.
2. Miss Y says the housing she is currently in is overcrowded, causing her family upset and distress and making her feel mentally unwell.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y originally joined the Council’s housing register in 2018. The Council changed its housing allocations policy in 2019, following which Miss Y’s application increased from Band C to a higher band priority of Band B. Miss Y appealed this in October 2020 and a decision was made to award her Band B priority based on serious medical, welfare or disability grounds. She then queried her banding again in October 2022 before complaining in June 2024.
7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman will not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
9. Ms Y’s was aware of her reason to complain about the Council’s actions when the Council made its banding decision in October 2020, more than 12 months ago. Consequently, her complaint is now late.
10. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner.

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Final decision

11. We will not investigate Miss Y’s complaint because the complaint is late without good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman