Summary: We will not investigate this complaint about alleged failings by the Council to provide consistent and accurate information about Miss R’s ability to move property and what properties she is eligible for. This is because we are unlikely to find fault with the information provided by the Council. Further, there is no evidence of Miss R having caused a significant enough injustice to warrant investigation.

The complaint

1. The complainant (Miss R) complains about a lack of consistent information from the Council about her ability to move property and what properties from the Council’s housing stock she is eligible for. She also says she was pressured into accepting a property in 2022 due to a lack of clear and accurate information. In addition, Miss R complains she was informed that she would be in breach of her tenancy agreement if she did not occupy her current property for the majority of the week. However, Miss R explains her time spent away from the property is due to the Council needing to carry out repairs.
2. In summary, Miss R says the alleged fault caused her to accept a property she did not want and has led to uncertainty and general distress and anxiety trying to secure an alternative property. As a desired outcome, Miss R wants the Council to clarify whether she can move property and the type of properties she is eligible for. She also wants the Council to clarify its position as regards to the issues concerning her occupation and whether she is in breach of her tenancy.

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The Ombudsman’s role and powers

3. 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; or
• any injustice is not significant enough to justify our involvement; or
• we cannot achieve the outcome someone wants.

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

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).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Part of Miss R’s complaint concerns the information, or lack of, provided by the Council in early to mid-2022 about the type of properties within its stock, including what she was eligible for and should consider. She says this led her to feeling pressured to accept a particular type of property which is her current property and which she wishes to move from. The law says we can only accept a complaint within 12 months of the complainant becoming aware of the problem, unless there are good reasons to exercise discretion. In this case, the alleged fault relates to matters two years ago since. I considered exercising my discretion but see no good reason to do so as the complaint could have been made to us sooner.
7. Further, we would not now be able to reach a meaningful view as to this part of the complaint given the passage of time. There would be practical limitations on our ability to gather evidence and assess any injustice. We also cannot apply current standards, guidance, or professional expectations to historical situations. We would not therefore be able to achieve the outcome Miss R wants.
8. I have however considered the Council’s responses to Miss R since she raised a complaint in March 2023. The Council has confirmed that she is able to swap properties with another person on its home swap register and clarified the category of property she can request on this platform. I am unlikely to find fault with respect to the Council’s final complaint response to Miss R providing the information she was requesting. I also do not consider further investigation would lead to a different outcome because Miss R has received the clarification on the issues which she wanted addressed.
9. As regards to the issue about a possible tenancy breach due to time spent in occupation, my understanding is the Council has only raised it as a potential issue. Miss R has not been found in breach of her tenancy and she has not suffered any injustice by reason of the issue being considered. The Council is not taking any action against Miss R and it has provided information which may be of relevance to her circumstances. While I appreciate this may have been a cause of concern for her, these is no evidence of this matter having caused a significant enough injustice to warrant investigation.

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Final decision

10. We will not investigate this complaint because we are unlikely to find fault with the information provided to Miss R and there is no evidence of this matter having caused a significant enough injustice to warrant investigation. Part of the complaint is late and we will not exercise discretion and investigate events which took place in 2022.

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Investigator's decision on behalf of the Ombudsman