Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We cannot investigate complaints about the actions of social housing landlords.

The complaint

1. Mr X complained about the Council’s decision not to allow his housing application to be eligible for additional priority under a scheme because he is not accepted as a member of his mother’s household for rehousing. He says this was due to his social housing landlord failing to properly register him in 2013 when his other’s tenancy began. He wants the Council to accept he is eligible for the additional points.

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X moved with his mother and brother to a housing association property after his mother accepted the tenancy in 2013. He applied to be rehoused separately from his family but had to move with them because he had not received any offers. Because he was not included on his mother’s housing application at the time he was not registered as a member of the household for rehousing purposes by the landlord.
7. He as not received any offers for housing in the past 9 years and when the Council devised a new housing scheme for sons and daughters of social housing tenants, he was not eligible. He says he has a benefits history at his mother’s address and that she believes she notified the landlord that he was a household member in 2013.
8. Mr X complained to the Council about its decision not to give him priority under the New Generation Scheme. The Council told him he was not eligible for the scheme because his mother’s landlord had confirmed he was not part of the household for rehousing purposes. It was a matter for the social housing landlord and its tenants to resolve.
9. We will not exercise discretion to consider the decision which were made about Mr X’s housing situation in 2013. There is no good reason why he did not take up this matter with the landlord or the Council at the time.
10. Mr X’s mother is a tenant of a social housing landlord and if any errors were made by the landlord during her tenancy this is not a matter which the Ombudsman can investigate. Social housing landlords fall within the remit of the Housing Ombudsman service and are outside our jurisdiction.

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Final decision

11. We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We cannot investigate complaints about the actions of social housing landlords.

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Investigator's decision on behalf of the Ombudsman