The Ombudsman's final decision
Summary: We will not investigate Miss X complaint about the Council’s review of her housing priority banding. The Complaint has been made late, and it would have been reasonable for Miss X to have complained to us sooner.
The complaint
Miss X complains the Council did not award her the correct housing register priority band.
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 January 2024 the Council carried out a review of Miss X’s housing register priority banding and decided Miss X was eligible for a band B priority. Miss X says her family should be awarded a higher priority banding because of medical needs and problems in their temporary accommodation.
We normally expect people to complain to us within twelve months of them becoming aware of a problem. Miss X has been aware of the Council’s banding decision since January 2024 but did not complain to us about this until January 2026. 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.
We are considering a separate complaint form Miss X about the Council’s handling of her homelessness case and housing register bidding.
Final decision
We will not investigate Miss X’s complaint because the complaint is late it would have been reasonable for Miss X to complain to us sooner.
Investigator's decision on behalf of the Ombudsman