Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner about advice concerning her housing application.

The complaint

1. Ms X complained about the Council’s failure to give her advice about her housing application when she accepted a private rented tenancy in 2006. She says she did not find out until 2016 that any previous time on the waiting list would not be considered in future applications once she changed her address. She wants the Council to restore her previous time on the list because she is currently living in temporary accommodation after becoming homeless in 2016.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says she accepted a private rented tenancy in 2006 after several years on the council’s waiting list. When she became homeless in 2016 the Council told her that she had no previous years on the list to be taken into account for any fresh housing application. Ms X says this was not made clear to her in 2006 and she may have not accepted the tenancy had she been aware of this.
6. The Council says it will not investigate her complaint now because it is not possible to find what advice would have been given to her in 2006 as it is too long ago. It says it has directed many applicants to private rented housing and Ms X’s tenancy lasted 10 years, so it was settled accommodation and she was not in housing need during that time. When she became homeless in 2016 this was a new application for assistance and any previous application history would not determine her priority in her current situation.
7. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period. Ms X became aware of the situation about her housing assessment in 2016 and made a complaint to the council in 2019. I have seen no evidence to suggest the PA could not have complained to us sooner

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Final decision

8. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner about advice concerning her housing application.

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Investigator's decision on behalf of the Ombudsman