Summary: We will not investigate this complaint about the complainant’s banding on the housing register. This is because there is insufficient evidence of fault by the Council and because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about her banding on the housing register. She says she needs to be in a higher band due to disrepair in her home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes email correspondence and the allocations policy. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

5. The housing allocation policy says people must ask for a review within 21 days of a decision they think is wrong.
6. In 2019 the Council placed Mrs X in band three on the housing register. In July 2021 Mrs X asked the Council to review her banding. In response, the Council explained it was too late to ask for a review as more than 21 days had passed since the Council had made the banding decision in 2019. The Council said Mrs X could ask for a reassessment and, if she was unhappy with the reassessment, she would then have 21 days to ask for a review. The Council says Mrs X has not asked for a reassessment.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has correctly told Mrs X that it is too late to have a review but she can ask for a reassessment. Mrs X can ask for a reassessment and explain the problems she has with disrepair.
8. I also will not start an investigation because this is a late complaint. Mrs X has known about the banding decision since 2019 but did not complain about it until 2021.

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Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council and because it is a late complaint.

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Investigator's decision on behalf of the Ombudsman