The Ombudsman's final decision
Summary: We will not investigate this complaint about housing allocations because it is late without good reason to exercise discretion to investigate it now.
The complaint
Mr Y complained the Council failed to amend his banding despite him being overcrowded and providing evidence of medical needs impacted by his housing situation, contrary to the Council’s housing policy.
Mr Y says this has negatively impacted his mental health and is affecting his ability to provide a suitable home for his five children.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y’s was aware of his reason to complain about the Council’s actions when he made his complaint. As he received a complaint response in July 2024, more than 12 months before he approached us in October 2025 , his complaint is now late.
We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner.
Final decision
We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman