London Borough of Southwark (23 015 197)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 12 Feb 2024

The Ombudsman's final decision:

Summary: We will not exercise discretion to investigate this complaint about the assessment of a housing application priority in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

  1. Mrs X complained about the Council’s assessment of her family’s housing application in 2022. She says the Council should have given her a higher priority Band 1 listing when her daughter was discharged from hospital in 2022. Instead, she was given a band 2 priority and the review she requested was later closed when the family was rehoused.

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The Ombudsman’s role and powers

  1. 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

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

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My assessment

  1. Mrs X says she asked the Council to review her family’s housing application in January 2022 as her daughter was to be discharged from hospital and her housing needs were increased. The Council did not issue a banding decision until March even though she says her daughter was discharged in February.
  2. The Council says it was awaiting medical reports and did not have full information until 2 March when Band 2 priority was awarded. Mrs X appealed against the decision and further medical evidence was sought. However, the family were offered a tenancy on 24 March and this was accepted.
  3. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. The time for receiving complaints is from when the complainant became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. Mrs X made a complaint to the Council in March 2022 and asked for it to be escalated in August 2022. I have seen no evidence to suggest that she could not have complained to us sooner.

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Final decision

  1. We will not exercise discretion to investigate this complaint about the assessment of a housing application priority in 2022. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman

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