London Borough of Hackney

The Ombudsman's final decision

Summary: We will not investigate this complaint about how the Council helped Mr and Mrs X when they had to leave their home and the priority awarded to their application for social housing. Part of the complaint is late and there is no good reason to consider it now. There is not enough evidence of fault in the remaining matters to justify investigation.

The complaint

Mr and Mrs X complained about the Council’s actions when they had to leave their home. They said the Council: Failed to offer them a managed move in 2023 Provided temporary accommodation outside the area Did not appropriately prioritise their application for rehousing.

Mr and Mrs X want the Council to move them back into its area into suitable housing.

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) 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, or it would be reasonable for the person to ask for a council review or appeal.

(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

Mr and Mrs X had to leave their home in 2023 because of significant anti-social behaviour which put them at risk of harm. We will not investigate the Council’s actions in 2023 (complaints a) and b) in paragraph one) because this part of the complaint is late. A late complaint is when someone takes more than 12 months to complain to us about something the Council did. There is no good reason Mr and Mrs X could not have complained to us about this sooner and so no reason to exercise our discretion to consider it now.

The Council owes Mr and Mrs X a main housing duty under its homelessness duties. They are in Band B on the Council’s housing register to reflect this. We will not investigate this part of the complaint. There is not enough evidence of fault in how the Council applied its allocations policy to justify further investigation. If Mr and Mrs X think their circumstances justify a higher priority, they can ask the Council for a review.

Final decision

We will not investigate Mr and Mrs X’s complaint because part of the complaint is late with no good reason to consider it now and there is not enough evidence of fault in the remaining matters to justify investigating.

Investigator's decision on behalf of the Ombudsman