The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaints about the Council’s handling of his housing register applications in 2020 and 2021 because they are late. We will not investigate Mr X’s complaint about the Council’s delay in updating his bedroom need because it is reasonable to expect him to go to court.
The complaint
Mr X complains the Council: failed to update his housing register application in 2020, to allow him to bid on two-bedroom properties; incorrectly closed his housing register application in 2020 and 2021; and, delayed updating his housing register application to include a two-bedroom need from June 2022 until September 2023.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), 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’s complaints about the Council’s handling of his housing register in 2020 and 2021 are late and there are no good reasons for us to exercise discretion.
Mr X previously engaged a solicitor and sent the Council a pre action letter regarding his bedroom need. It would be reasonable for Mr X to go to court for a remedy for any delay, so I will not investigate. Further, Mr X is currently pursuing a judicial review regarding the Council’s decision on his banding (that is his priority on the register). It is unlikely we could properly assess the injustice caused by any delay updating his bedroom need until the outcome of this banding decision is known.
Final decision
We will not investigate Mr X’s complaints because they are late and because it is reasonable for him to go to court.
Investigator's decision on behalf of the Ombudsman