The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s assessment of her housing needs. The complaint is late.
The complaint
Mrs X complains the Council have assessed her as requiring a one-bedroom property.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide. There is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X lives alone in a two-bedroom social property. Mrs X moved into the property in 2020.
In 2022 the Council determined Mrs X was eligible for a one-bedroom property. They allocated her the highest priority band to bid for a one-bedroom property and asked Mrs X to bid on properties.
Mrs X complains the Council should have been aware her daughter did not live with her when she was allocated her property in 2020. Mrs X has been receiving the single person council tax discount since her daughter moved into a different social property in 2019. Mrs X has asked the Council to give her a two-bedroom entitlement.
The Council say Mrs X included her daughter as a member of her household on her housing application. The Council have confirmed that in Mrs X’s pre-tenancy paperwork, completed in 2020, she said her daughter was moving into the two-bedroom property with her.
Mrs X has been aware the Council have decided she is eligible for a one-bedroom property since 2022. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mrs X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so.
Even if the complaint was not late, we would not investigate. The Council must offer housing in line with its policy. I have seen no reason why Mrs X would be eligible for more than one bedroom under the Council’s policy.
There is not enough evidence of fault by the Council to justify investigating.
Final decision
We will not investigate Mrs X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman