The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s housing register application. That is because we are satisfied with the actions the Council has agreed to take to remedy the injustice caused.
The complaint
Miss X complained the Council had not provided suitable accommodation for her family since 2015. She said the Council had not awarded a high enough housing priority to their housing application and its decision to only consider two-bedroom bungalows had caused significant delays in being rehoused. Miss X wanted the Council to resolve the delays in providing appropriate housing and provide financial compensation for the delays experienced.
The Ombudsman’s role and powers
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. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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
Miss X made a housing application to join the housing register in 2016. The Council closed the application in 2017. Miss X reapplied to join the housing register in 2020 and was allocated band three priority. It wrote to Miss X setting out her review rights. The Council completed a reassessment in 2021 and increased Miss X’s priority to band two. It assessed Miss X’s family as needing a two-bedroomed bungalow with adaptations. Miss X’s MP contacted the Council on her behalf in 2022, about its housing decision.
We will not investigate Miss X’s complaint about how the Council assessed her housing application or provided support in 2016. Miss X did not complain to the Ombudsman until 2022, therefore this is a late complaint, and we should not investigate. It was reasonable for Miss X to complain to us sooner if she were unhappy with the Council’s actions.
If we investigated Miss X’s complaint from 2021 onwards, it is likely we would find fault with the Council. That is because the Council: Did not send Miss X a letter setting out her review rights after it completed a reassessment of her housing application in May 2021.
Dealt with Miss X’s disagreement about her banding as a complaint and not through the review process.
That has meant the Council has not considered Miss X’s review request through the proper process and caused her avoidable frustration.
In order to resolve the complaint early, we asked the Council to consider remedying the injustice caused by its actions by: Writing to Miss X and apologising for not providing her with her review rights sooner.
Reminding staff of the need to send out a housing decision letter following any decision that affects a housing application.
To its credit, the Council agreed to resolve the complaint and has already issued Miss X a housing decision letter setting out her review rights. It has also agreed to write to Miss X and apologise and has undertaken a review of all decision letters sent to ensure there is evidence people have been provided the right to review. It has communicated the need to send out review rights with staff.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X
Investigator's decision on behalf of the Ombudsman