• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of Miss X’s housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.  Her complaint about the Council adding her husband to her tenancy is outside our jurisdiction because it concerns the actions of a social housing landlord.

The complaint

1. Miss X complained about the Council removing overcrowding points from her application in 2022 when it says it discovered she had completed her application incorrectly. She also says she should be eligible go medical or social points but none were awarded. She says the Council failed to provide her with the necessary forms to add her husband to her council tenancy 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)
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 the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied to the Council’s transfer list from her 1-bedroom council tenancy. She was initially awarded 20 points for being overcrowded and the rest for being resident for 3 years Or more. In April 2022 the Council informed her that the overcrowding points had been removed because she had not completed the application correctly by stating she was one bedroom short. The Council said she is adequately housed as a 1-bedroom property is suitable for the needs of two adults and is ineligible for the transfer register.
7. Miss X submitted medical information in April 2022 but the Council says it was unable to make an assessment because they were submitted in single pages in random order over time. she complained about this in July and asked for a review of the case. The Council had to obtain a medical assessment and also a report as to whether she required a lift and if there was dampness present. This was not completed until December 2022 but the outcome remained unchanged as being adequately housed.
8. She did not complain to us until after 12 months from the decision on her application. The review outcome was within 12 months but the outcome, after considering all the relevant facts, was unchanged. There is no evidence to suggest the Miss X could not have complained to us sooner. However, had she done so we would have advised her to pursue her right to a review of the assessment which is the course of action she followed in any case.
9. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
10. Miss X also complained about the Council not providing her with forms to complete to add her husband to the tenancy when she informed it. Tenancy matters are outside our jurisdiction as these are functions of a social housing landlord and fall within the Housing ombudsman’s jurisdiction.

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Final decision

11. We will not exercise discretion to investigate this complaint about the Council’s assessment of Miss X’s housing application. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner. He complaint about the Council adding her husband to her tenancy is outside our jurisdiction because it concerns the actions of a social housing landlord.

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Investigator's decision on behalf of the Ombudsman

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