London Borough of Southwark (24 015 495)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 17 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Councils handling of his housing application. The Council has provided a suitable remedy, and we would be unlikely to achieve a different outcome. Part of complaint is late and there is no good reason to exercise discretion and investigate it now.
The complaint
- Mr X complained the Council delayed updating his address details and considering his application for working star on his housing register application.
- Mr X says this caused uncertainty and frustration.
- Mr X says he wants the Council to set time frames for dealing with the outstanding issues.
The Ombudsman’s role and powers
- 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:
- we could not add to any previous investigation by the organisation,
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X, who was living in temporary accommodation provided by the Council, asked it to change his address on his housing register application. He made a number of further attempts to get the address changed.
- In July 2023, Mr X again asked the Council to change his address and also asked it to award a working star credit.
- 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 for the delay in complaining.
- Part of Mr X’s complaint is about a lack of Council action and events from February 2023. Mr X brought his complaint to the Ombudsman in December 2024. There is no indication he could not have complained earlier and therefore no good reason to consider the complaint before December 2023.
- In December 2023 Mr X says he provided a birth certificate for his son and asked the Council to add to his son to his housing application. The Council reviewed his application in February 2024, but said there was no supporting evidence provided.
- In March 2024, in its complaint response to Mr X, the Council apologised for the lengthy delay in making the changes to his account and said that his account now showed the correct address. It said the addition of his working star could not be completed because it needed further evidence and explained what it required.
- In recognition of the delays, frustration, time and trouble the Council said it would pay £240 to Mr X. This symbolic payment falls within the Ombudsman’s guidance on remedies. Further investigation is not likely to lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because further investigation would be unlikely to achieve a different outcome. Part of complaint is late and there is no good reason to exercise discretion and investigate it now.
Investigator's decision on behalf of the Ombudsman