Summary: We will not exercise discretion to investigate this complaint about suspension of Mr X’s housing application in 2021. This 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.

The complaint

1. Mr X complained about his housing application being suspended in 2021. He says he was unable to reach a payment plan with his former landlord for rent arrears and this led to him being suspended.

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

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My assessment

5. Mr X was on the housing waiting list in 2021 as he was being faced with his tenancy ending after receiving a section 21 notice for possession in January. The Council wrote to him in March 2021 asking for details of rent arrears from a previous tenancy which remained outstanding. Mr X confirmed the arrears and that he had been unable to secure a payment plan with the previous landlord.
6. The Council wrote again in May 2021 and advised Mr X that it needed more details about the outstanding arrears because he was ineligible to remain on the housing register without this . It suspended his application.
7. Mr X changed addresses after this time and wrote to his Member of Parliament in November 2022 asking if he could be advised how to re-apply for the housing list. The Council advised his MP that it had not received the information which led to Mr X’s suspension. He had told his MP that he would provide the information to the Council but this was still outstanding in July 2023.
8. The legislation from which the Ombudsman takes his powers also places some restrictions on what we can investigate. One of these restrictions relates to complaints about matters which the complainant was aware of more than 12 months before they brought it to our attention. This restriction applies to Mr X’s complaint. I have seen no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

9. We will not exercise discretion to investigate this complaint about suspension of Mr X’s housing application in 2021. This 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.

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Investigator's decision on behalf of the Ombudsman