Summary: We will not investigate Miss Y’s complaint about housing advice the Council gave her in 2019, because it is late. We will not investigate Miss Y’s complaint that changes to the Council’s Housing Allocations policy have affected her registration date. There is insufficient evidence of fault by the Council to warrant investigation.

The complaint

1. Miss Y complains the Council:
1. advised Miss Y to move out of temporary accommodation in 2019, and, instead, move in with her mother; and
2. amended its Housing Allocations Scheme in June 2024, which led to the Council changing her registration date to the date she was awarded Band B, instead of the date she applied to join the register.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code and the Council’s Housing Allocations Scheme (published December 2024).

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My assessment

7. In 2019, Miss Y was living in temporary accommodation as she was homeless. Miss Y’s complaint about housing advice from the Council during this time is late because Miss Y complained to the Ombudsman in October 2024. There are no good reasons to exercise discretion.
8. Miss Y complains that, in June 2024, her registration date was changed from the date she applied to the Council’s housing register to when she was awarded Band B (a later date). She says this means she is now being placed in a much lower position after bidding on properties.
9. This change by the Council to Miss Y’s registration date took place following changes to its Housing Allocations Scheme. The Council was entitled to review and change its policy in this way. It gave Miss Y notice in March 2024, ahead of the changes taking effect. In its complaint response, it provided her with clear reasons for the changes. After reviewing the Council’s new Housing Allocations Scheme, its decision to change Miss Y’s registration date is in line with this. For these reasons, there is insufficient evidence of fault to justify investigating Miss Y’s complaint.

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Final decision

10. We will not investigate Miss Y’s complaint about housing advice the Council gave her in 2019, because it is late. We will not investigate Miss Y’s complaint that changes to the Council’s Housing Allocations Scheme have affected her registration date. There is insufficient evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman