Summary: We will not investigate this complaint about the level of priority given to Mr X’s housing application. The substantive issues that Mr X complains about are late and there is not enough evidence of fault by the Council from July 2022 onwards.

The complaint

1. Mr X complains the Council did not give his housing application enough priority in 2019 and 2020. Mr X wants the Council to award him the correct banding he says he should have had since 2019.

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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. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information provided by Mr X and discussed the complaint with him. I considered the Council’s response to our initial enquiries.
6. Mr X and the Council had the opportunity to comment on my draft decision. I considered all comments before reaching a final decision.

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What I found

What happened

7. This is a brief summary of key events. It is not meant to show everything that happened.
8. In May 2019, Mr X made a housing register application to West Kent Housing Association. Mr X was awarded Band D, with a low priority need to move. Mr X did not request a review of this decision.
9. In 2020, Mr X contacted the Council and asked what he would need to do if he wished to move into the district. Mr X was advised he would need to complete a change of circumstances form.
10. In September 2021, the Council received a letter from Mr X’s employer, advising that the family were living in accommodation on school grounds. Mr X told the Council this was temporary accommodation. The Council noted that Mr X had moved into the district. It also noted that his landlord had not given the family notice to leave. The Council closed Mr X’s housing register application and homelessness application.
11. In January 2022, the Council reinstated Band D to Mr X under its housing allocations policy.
12. In July 2022, Mr X requested a review of his current banding. The Council said Mr X was in the correct banding. Mr X provided further medical evidence. The Council considered this information, but the banding remained unchanged.
13. In September 2022, Mr X complained to the Council. He also provided further medical evidence. On reviewing this, the Council placed Mr C in Band C, with a medium priority to move.
14. In 2023, Mr X requested a review of this decision. The housing panel met in April and July and considered Mr X’s application and the evidence presented by Mr X. The panel decided that Mr X was correctly placed in Band C.

Analysis

15. Mr X says the Council has mishandled his housing application since he applied in 2019. Mr X first complained to us in May 2023. Therefore, the events Mr X complains about before July 2022 are late. That includes how the Council handled the application before then and whether it should have moved the application from Band D to Band B. Mr X could have reasonably appealed and complained to the Council about such matters sooner.
16. I have considered Mr X’s complaint about the Council’s decision in July 2022. At Mr X’s request the Council reviewed the decision and moved Mr X from Band D to Band C. I have seen no evidence of fault in the way the Council considered Mr X’s application from July 2022 to warrant any further investigation of this matter.

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Final decision

17. I do not intend to investigate Mr X’s complaint. The substantive issues that Mr X complains about are late. There is not enough evidence of fault by the Council on the part of the complaint that is not late.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman