Brighton & Hove City Council (23 015 894)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 22 Feb 2024

The Ombudsman's final decision:

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

The complaint

  1. Mr X complained about the Council’s failure to place him on the housing register even though he has been in contact with it about his housing situation for the past two years.

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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 and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says he approached the Council for housing assistance when his landlord served a s.21 notice to quit in March 2022. He provided information about his medical needs and the Council registered him as a homeless applicant. The Council says it closed the homeless case in December 2022 following Mr X’s failure to respond to a request to discuss his personalised housing plan under its prevention duty.
  2. Mr X made a further homeless application in 2023 when the landlord decided to sell the property. However, when he complained about not being offered housing priority the Council confirmed that he had never completed a housing application form, only homelessness applications.
  3. The Council offered to assist him to complete a form for its Homemove scheme and he remains as a homeless applicant.
  4. Mr X approached the Council about his housing circumstances in 2022 and he could have submitted a complaint to us if he believed his application had not been successful. He did not complain to us until January 2024 which is outside the12-month period for receiving complaints.
  5. The time for receiving complaints is from when someone 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.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman

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