Summary: We will not investigate this complaint about the Council’s decision not to accept Ms X’s complaint about housing allocations on the grounds that the complaint was late. This is because there is insufficient evidence of fault in this decision. It is also too late for us to investigate the substantive matters.

The complaint

1. Ms X complains the Council has refused to investigate her complaint about housing allocations on the grounds that the issues complained about happened more than 12 months ago.

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The Ombudsman’s role and powers

2. 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))
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered information about the Council’s complaints policy available on its website.

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My assessment

7. The Council’s website lists circumstances where it may decide not to accept a complaint under its corporate complaints procedure. This includes when the matter complained about happened over 12 months before the person reported or complained about it.
8. Ms X complained to the Council in May 2023 about Council actions that occurred in April and May 2021 related to her housing situation.
9. In its complaint responses, the Council said it would not investigate her complaint as it was late.
10. The decision appears in line with its published complaints policy and so we will not investigate this complaint. There is insufficient evidence of fault in the Council’s decision.
11. We will also not investigate the Council’s actions in 2021. The law says a person must bring a complaint to us within 12 months of the action being complained about. I can see no good reason why Ms X could not have approached us sooner, and so we cannot investigate.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault in the Council’s decision and any complaint about the substantive issues is late.

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Investigator's decision on behalf of the Ombudsman