London Borough of Newham (23 007 076)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 08 Jan 2024
The Ombudsman's final decision:
Summary: We will not exercise discretion to investigate this complaint about the Council’s refusal to register a housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
The complaint
- Ms X complained about the Council’s decision to remove her application from the housing register in February 2022. She says she should still be eligible for being on the register even though she lives in another Council area.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she was removed from the Council’s housing register in February 2022. She asked for a review of the decision and in March 2022 the Council upheld its decision because it says she does not have a local connection with it required by the housing allocations policy. She has lived in a neighbouring council area since 2015 but says she was placed in temporary accommodation there by the Council.
- Miss X did not complain to us until after she made a formal complaint to the Council in September 2023, this is outside the12-month period for accepting complaints. The Council’s response to her complaint confirmed that she was not placed in the neighbouring authority under homeless duties and that she no longer has a local connection.
- It was reasonable for Ms X to complain about the Council’s decision to us in March 22 when the review was completed and no further appeal remained. She has used our service previously in 2018 and was familiar with the procedure.
Final decision
- We will not exercise discretion to investigate this complaint about the Council’s refusal to register a housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman