Summary: We will not investigate this complaint about the Council’s handling of Ms X’s housing register applications and reports of anti-social behaviour and harassment between 2020 and 2022. Ms X also complains the Council declined to award her a decorating grant. This is because most of Ms X’s complaints are late and there are no good reasons to exercise discretion to consider the late complaints.

The complaint

1. Ms X complains about the Council’s handling of her housing register applications and reports of anti-social behaviour and harassment between 2020 and 2022. She also complains the Council declined to award her a decorating grant.

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The Ombudsman’s role and powers

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. 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 investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X applied to join the Council’s housing register in 2020. The Council declined her application as it said Ms X had outstanding rent arrears owed to the Council. Ms X said this debt was statute barred and should not have affected her application.
8. This complaint matter is late as it is about a matter that occurred more than 12 months ago. I cannot see any good reasons for why Ms X could not have complained to us earlier, especially given she was aware of the Council’s reasons for declining her application. Therefore, we will not exercise discretion to consider the late complaint.
9. Ms X said the Council’s decision to decline her housing application in 2020 meant she had to source private rented accommodation. Ms X said she suffered disrepair issues and harassment at her private rented accommodation between July 2021 and April 2022. She said she complained to the Council about these matters in April 2022. Ms X is unhappy with how the Council dealt with the matters reported and feels she would not have been in this position if the Council had not rejected her 2020 housing application.
10. This complaint matter is also late as it is about how the Council dealt with matters that happened more than 12 months ago. I cannot see any good reasons for why Ms X could not have brought the complaint to us earlier. Therefore, we will not exercise discretion to consider the late complaint. Even if we were to exercise discretion, we would not investigate this matter as Ms X left the property in 2022 and so there is no ongoing significant injustice.
11. In August 2022, Ms X applied to join the Council’s housing register again. In September 2022, the Council accepted Ms X on the register, but awarded Ms X Band E due to her outstanding rent arrears. Ms X complained about this and in November 2022, the Council agreed it would not take into consideration the rent arrears when assessing her housing application. This resulted in the Council awarding Ms X’s application Band D. The Council also exercised discretion to backdate Ms X’s registration date to October 2020.
12. An investigation to consider this matter is not justified as an investigation would not lead to any different findings or outcomes. This is because the Council has already reviewed and changed its decision. Ms X has been awarded Band D, in line with the Council’s policy, and the Council exercised discretion to backdate Ms X’s registration date to October 2020. The Council has remedied the matter appropriately and an investigation would not likely lead to any further recommendations.
13. Finally, regarding the decorating grant, the Council explained an officer was present with Ms X when she viewed the property. The officer did not consider a decorating grant was necessary. The officer was entitled to exercise professional judgement to decide whether to agree to a decorating grant. While I acknowledge Ms X disagrees with the officer’s decision, this does not mean we can find fault with the decision. Therefore, an investigation is not justified as we are not likely to find fault.

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Final decision

14. We will not investigate Ms X’s complaint because most of her complaints are late and there are not good reasons to exercise discretion to consider the late complaints. In addition, an investigation would not lead to any different findings or outcomes.

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Investigator's decision on behalf of the Ombudsman