The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to award Mrs Y higher banding in 2019 and 2022. This is because this complaint is late.
The complaint
Mrs Y complains the Council failed to award her Band A priority in 2019 based on her exceptional circumstances at the time.
Mrs Y says the Council missed a further opportunity to increase her banding to Band A in 2022. She says the Council should have increased her banding because she provided medical evidence about the impact her housing situation would have on a member of her household who was living with a significant health condition.
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 unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs Y complains the Council failed to award her Band A under its Housing Register and Nominations Policy in 2019 and then again in 2022. She complained to the Council that, in 2019, it told her that she would be rehoused within two years. These complaints are late because she did not complain to the Ombudsman about these matters until February 2025. There are no good reasons to exercise discretion.
In January 2025, Mrs Y sent the Council new medical evidence that she said showed the impact her housing situation was having on her child’s medical condition. The Council confirmed it would carry out a review of her banding, which would consider this new information. Any complaint Mrs Y may have about the Council’s review decision is premature. At the time of the Council’s stage two complaint response of January 2025, it had not yet carried out the review. If Mrs Y is unhappy with the outcome of the review, she may wish to consider making a further complaint to the Ombudsman.
Final decision
We will not investigate this complaint about the Council’s failure to award Mrs Y higher banding in 2019 and 2022. This is because this complaint is late.
Investigator's decision on behalf of the Ombudsman