Summary: We will not investigate this complaint about housing allocations because it is late without good reason to exercise discretion to investigate it now, further investigation would not lead to a different outcome and there is no worthwhile outcome achievable.

The complaint

1. Mr Y complained the Council has offered him two properties before then withdrawing the offer as the accommodation was unsuitable for his family. He also complained the Council placed him in band 2 for housing priority but has not back dated this to 2018 when his child was diagnosed with autism and only back dated it to 2021.
2. Mr Y says he and his family are living in unsuitable accommodation and have been for several years. He also says his mental health has been badly impacted.

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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
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y’s priority banding change when he gave the Council information about his ill health in 2021. The Council then changed the banding to band 2 priority, the second highest priority in its scheme.
7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Mr Y’s was aware of his reason to complain about the Council’s actions when he was initially given a band 3 decision in 2018 and in 2021, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner so we will not exercise discretion o investigate this late complaint now.
9. Mr Y has also complained about being contacted by the Council about two properties which were then withdrawn as they were, for different reasons, unsuitable for his family to live in. He says this has been upsetting for him and his family and that he feels the Council has played with his life and emotions.
10. In the first instance the Council had to withdraw the property from its service due to a burst water pipe, as the owner decided that works were needed, and they could no longer offer the property to tenants. As this was outside of the control of the Council, there is not enough evidence of fault to justify our investigation and we will not investigate this part of Mr Y’s complaint.
11. In the second instance, Mr Y was consulted about a property, which he was told would have a first floor, but this was in fact a 5th floor property, making it unsuitable for his child due to their particular needs. Once the Council realised the issue, it said it would not offer Mr Y the property as it was not suitable for his family’s needs. While this is unfortunate and Mr Y clearly feels very strongly, further investigation would not lead to a different outcome for Mr Y. The property was unsuitable and as yet a property which is suitable for Mr Y and his family has not yet been found. Our investigation, if we were to proceed, would therefore not change the position Mr Y is now in or result in a different outcome, so as there is no worthwhile outcome for Mr Y from our investigation, we will not investigate this matter.

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Final decision

12. We will not investigate Mr Y’s complaint because further investigation would not lead to a different outcome and there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman