Summary: Miss X complained about the way the Council considered her request for rehousing. Miss X stated this caused her physical pain. The complaint is late and there are no good reasons to exercise discretion to accept it now.

The complaint

1. Miss X complained the Council did not properly considered her application for rehousing to a bigger property. Miss X says she was a joint tenant with a friend who she cared for and the Council did not considered her friend’s medical needs. This caused Miss X physical pain as she had to sleep on a sofa, and caused her friend distress.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, 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)

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How I considered this complaint

4. I read Miss X’s complaint and the documents provided by the Council. Miss X had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Miss X and her friend applied to the Council as tenants in common in 2017 after they became homeless. The Council offered Miss X a one bedroom flat in November 2017 and she accepted.
6. Miss X applied for re-housing in September 2018 due to antisocial behaviour from a neighbour. The Council declined that application as Miss X had rent arrears on her current property and stated she would not be eligible for rehousing until she had cleared them.
7. The Council’s allocations policy states that rent arrears may disqualify a person from applying for housing.
8. In April 2019 Miss X complained to the Council. The Council sent a stage 1 response the same month and provided information on a Vulnerable Tenant Support Service available to Miss X to help clear her arrears.
9. Miss X replied to the stage 1 response expressing her disappointment and agreeing to a referral to the support service.
10. In May 2020 Miss X complained to the Housing Ombudsman who declined to investigate in December 2020 and directed her to us.
11. Miss X complained to us in January 2021.
12. After complaining to us Miss X moved house and no longer wishes to pursue a complaint against the Council.

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Analysis

13. The restriction outline in paragraph 2 applies because Miss X complained about matters that she became aware of more than 12 months ago. We have discretion to disapply this rule where we decide there are good reasons. In this case I decided not to exercise discretion because Miss X did not provide any good reason why she had not complained to us within 12 months.
14. The restriction outlined in paragraph 3 applies as it would be reasonable to expect Miss X to seek a review with the Council. There had been a significant time since her original complaint and her circumstances had changed.
15. Miss X told me that she no longer wished to pursue her complaint against the Council as she has moved to a new property.

Final decision

16. The complaint is late and there are no good reasons to exercise discretion to accept it now, and Miss X no longer wants to complain.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman