Summary: We will not investigate this complaint about how the Council considered Mr X’s housing application. That is because the complaint is late.

The complaint

1. Mr X complained the Council did not provide him appropriate support when he approached it for help with housing. He said it did not give him priority banding despite him being a care leaver. He said that has affected his mental health. He wants the Council to review its procedures for care leavers and provide a financial remedy for the distress caused.
2. Mr X said the Council did not respond to his request for support from an advocate as part of the complaints process.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. We will not investigate Mr X’s complaint about the Council. Mr X approached the Council for support in June 2021. He did not complain to the Ombudsman until July 2023. Therefore, this complaint is late and we should not investigate. We have discretion to set this aside where there are good reasons, however in this case I have decided not to exercise my discretion as it was reasonable for Mr X to complain to us sooner.
9. In any event, even if it were not late, we would not investigate. That is because the Council allocated Mr X priority banding. There is not enough evidence of fault to justify our involvement.
10. We will also not investigate Mr X’s complaint the Council did not support him with an advocate through the complaints process. There is nothing to indicate Mr X has made this complaint to the Council. We expect a complainant to exhaust a councils complaint process before we will consider it.

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Final decision

11. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman