Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to rehouse Ms X since she applied for housing in 2021. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about not being shortlisted for any vacancies she bid on since 2021 or being made eligible for a direct offer of housing. She says she is in a high banding and should be rehoused soon by the Council since she applied in 2021.

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

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How I considered this complaint

3. I considered 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. Ms X has been on the Council’s housing register for a transfer to more suitable accommodation since 2021. She says she has 300 points and is in Band A with a mobility category 3 priority. Despite this she says she has not bene shortlisted for any vacancy she has bid on and has not been made a direct offer by the Council.
6. She complained about her situation to the Council in July 2023 and the Council replied in the same month. It told her that although she is in a high banding there is a high demand for 3-bedroom accommodation and other applicants with higher priority have been successful on the 11 bids which she made on vacancies at the time. it also informed her that she is not eligible for a direct offer as this is only available for applicants with mobility category 1 and 2 (wheelchair) cases under the allocations policy.
7. We will not investigate complaints which concern matters which the complainant was aware of more than 12 months before they complained to us. Ms X was aware of her housing situation before July 2023 and she did not complain to us until November 2024.
8. 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.
9. If Ms X has had any changes in her housing circumstances since the Council responded to her complaint in 2023 she could ask for a review of her application under s.166A of the Housing Act 1996 at any time.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s failure to rehouse Ms X since she applied for housing in 2021. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman