Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s assessment of his housing application. He says he should be in Band 3 of the housing allocations priority banding because he and his partner are living in overcrowded conditions with his parents. He is currently in priority band 4.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his housing application has been given insufficient priority because he is living in overcrowded circumstances and he should qualify for a higher banding under the Council’s allocations policy. He made a formal complaint in January 2023 and the Council responded in February, asking him to provide information about his case.
6. He made a further complaint in September and the Council responded saying that he had not provided the required documents and it did not uphold the complaint. He complained to us in July 2024.
7. We will not investigate this complaint now because it concerns matters which Mr X was aware of more than 12 months before he complained to us. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. There is no evidence to suggest Mr X could not have complained to us sooner.
8. A housing applicant can ask for a review of their application assessment under s.166A of the Housing Act 1996 at any time. It is still possible for Mr X to ask for a review if he can provide the documentary evidence which the Council will require.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman