London Borough of Southwark (24 012 674)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 14 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms C’s complaint about the Council’s handling of Ms Y’s housing register application in September 2022, because this complaint is late. We will not investigate the Council’s assessment of Ms Y’s application because it is premature.
The complaint
- Ms C complains, on behalf of Ms Y, that the Council has failed to activate Ms Y’s housing register account to allow her to bid on properties. Ms C complains the Council delays started in September 2022, when Ms Y applied to join its housing register.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
- I considered information provided by Ms C on behalf of Ms Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In September 2022, Ms Y applied to join the Council’s housing register. Ms C complains about the Council’s handling of the application between September 2022 and August 2023. This complaint is late, as Ms C did not complain to the Ombudsman until October 2024, and there are no good reasons for us to exercise discretion.
- In August 2023, the Council assessed Ms Y’s application. It told her it needed additional documents before it could activate the bidding on her account.
- In March 2024, Ms Y asked the Council to activate the bidding on her account.
- In October 2024, Ms C complained to us the Council had still not activated the bidding.
- Ms C’s complaint that the Council has not activated the bidding on Ms Y’s account is premature. I will not investigate this complaint as it is reasonable to give the Council the chance to do so first. If Ms Y remains unhappy with the Council’s final complaint response, it is open to her to contact us again.
Final decision
- We will not investigate Ms C’s complaint about the Council’s handling of Ms Y’s housing register application in September 2022, because this complaint is late. We will not investigate the Council’s assessment of Ms Y’s application because it is premature.
Investigator's decision on behalf of the Ombudsman