Sheffield City Council (23 011 868)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 04 Dec 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing application. This is because the complaint is late and there is no good reason to investigate now.

The complaint

  1. Miss X complains about the Council’s handling of her housing application. She complains the Council lost her information. She also complains about poor communication from her local Member of Parliament.
  2. Miss X says this has delayed her finding suitable housing and has impacted her emotional wellbeing. She would like the Council to apologise, review her application and provide her with a housing officer.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
  4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the House of Commons. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X is unhappy with the Council’s review of her housing application in 2017. I will not investigate as this complaint is late and there is no good reason Miss X could not have complained sooner.
  2. Miss X has not yet complained to the Council about the loss of her information. I will not consider this matter as the Council has not had the opportunity to investigate and reply.
  3. I will not consider the matter relating to Miss X’s Member of Parliament. The Ombudsman has no authority to investigate complaints about Members of Parliament.

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Final decision

  1. We will not investigate Miss X’s complaint because the complaint is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman

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