The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of Miss X’s housing application following a change in its allocations policy. It was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council’s change to her housing application banding in 2021 following the introduction of a new housing allocations policy. She says that her banding has been lowered and that although she is still overcrowded, she has lost priority for this.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I have considered the Council’s Housing Allocations Policy introduced in February 2021.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she was informed in February 2021 that her right to bid on properties in her banding on the housing list had been suspended. She made enquiries of the Council and was informed that the new housing allocations policy introduced that month had placed her in a lower banding. This is due to her sons now being considered no longer eligible for separate bedrooms because of their age. As a result, her overcrowding priority no longer applied.
She complained under Stage 1 of the Council’s complaints procedure in February and the Council replied in March. The complaint was not upheld and she was advised she could ask to be referred to the second stage of the procedure within 28 calendar days. Miss X did not ask for a review until December 20 but the Council agreed to consider this using its discretion. It did not uphold her second complaint and advised her to complain to us in January 2022. She did not complain to us until July 2022.
We will not exercise discretion to investigate Miss X’s complaint which was received 18 months after she was informed of the change in policy and her banding. There is no evidence to suggest that she could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s assessment of Miss X’s housing application following a change in its allocations policy. It was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman