Source · LGO (Local Government & Social Care Ombudsman)

Birmingham City Council

LGO (Local Government & Social Care Ombudsman) Other Reference 24-021-657 Sector Housing Category Allocations Decided 01 May 2025

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Full decision

The Ombudsman's final decision

Summary: We will not investigate Mrs Y’s complaint that the Council awarded her the wrong banding date for housing allocations. This is because the complaint is late.

The complaint

Mrs Y complains the Council awarded her the wrong banding date, in March 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)

How I considered this complaint

I considered information provided by the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

In March 2023, following a review request from Mrs Y, the Council confirmed that Mrs Y’s banding date was January 2023. It explained that this date was based on when its new Housing Allocations Scheme came into effect.

In March 2025, Mrs Y complained to the Ombudsman. She said the Council should award her a banding date of January 2020 because this is when she first made a homelessness application. Mrs Y’s complaint about the Council’s review decision from March 2023 is late. I have seen no good reasons to exercise discretion to investigate this complaint.

It is not proportionate to look at Mrs Y’s complaint about the Council’s handling of her housing register application alone when I am not considering the substantive matter.

Final decision

We will not investigate Mrs Y’s complaint that the Council incorrectly awarded her a banding date of January 2023. This is because the complaint is late and there are no good reasons to exercise discretion.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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