Summary: We will not investigate Ms X’s complaint about housing allocations because the complaint is late, there is no good reason to exercise discretion to investigate it now.

The complaint

1. Ms X complained that she has not been allocated housing by the Council. She says it has not correctly considered her medical and welfare needs.
2. Ms X complained the Council has incorrectly removed her from its housing register twice.
3. Ms X says she has received no help or support from the Council about her housing needs or the anti-social behaviour she has been subject to.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X originally joined the Council’s housing register in 2011. Her partner moved into the property in 2013 and Ms X was removed from the housing register.
9. Ms X says in 2014 the Council told her housing allocations prioritised families, and she needed to use a mutual exchange scheme. She was accepted for this in August 2015.
10. Ms X says she was on the scheme for 7 years but was never offered a property. Ms X says she contacted the Council, and advised her health had deteriorated and she was also subject to anti-social behaviour.
11. Ms X says in June 2021 the Council advised her to apply again to bid for houses on its register. She says she was asked to complete medical and welfare forms.
12. Ms X complained to the Council in 2021 and 2022 about her experiences of its housing and bidding process. She also complained she had received no help or advice about ongoing anti-social behaviour.
13. The Council says it has not received any complaints from Ms X since July 2022. It said it received some anti-social behaviour evidence from Ms X in March 2023 and subsequently closed her case in July 2023.
14. 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.
15. Ms X was aware of her reason to complain about the Council’s actions when the Council made its decision in 2022 more than 12 months ago. Consequently, her complaint is late.
16. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Ms X 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 decison

17. We will not investigate Miss X’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