Summary: We will not investigate Mr X’s complaint about the suitability of the accommodation allocated to him to relieve his homelessness because that complaint is late. We will not investigate his complaint about the priority band on the housing register because there is insufficient evidence of fault.

The complaint

1. Mr X complained the housing he was allocated to relieve his homelessness in March 2021 was unsuitable.
2. Mr X also complained the Council ignored the letter from his GP when deciding he was not eligible for medical priority. As a consequence, he said he is living in overcrowded accommodation that is significantly affecting his mental health.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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.

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

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Allocation of current property in 2021

9. We usually expect people to complain to us within 12 months of the matter complained about. Mr X complained to us in May 2024 about the allocation of a property in March 2021. There is no evidence to suggest Mr X could not complain to us sooner.
10. Further, Mr X would have had the right to ask for a review of the suitability of the property, which was allocated to him to relieve his homelessness, and the right to appeal to the county court on a point of law if he was unhappy with the outcome of the review. it was reasonable for him to use his review and appeal rights.
11. For those reasons, we will not investigate this complaint further.

Priority band on housing register

12. Mr X asked the Council to consider medical priority in March 2023. He provided a letter from his GP, which said he had an anxiety disorder for which he had been prescribed antidepressants. The Council considered the medical evidence and decided Mr X’s mental health issues were not so severe to meet the criteria for medical priority. It wrote to him to explain the reasons and gave him information about his right to ask for a review of the decision if he was unhappy with it. Mr X did not ask for a review.
13. Again, this complaint was made more than 12 months after the Council’s decision, and there is no evidence to suggest Mr X could not have complained to us earlier. Further, the Council explained he had a right of review, which he did not request within 21 days, and it was reasonable for him to have done so.
14. Mr X complained to the Council in November 2023, and it responded within two weeks. It explained the property was considered suitable in 2021 and it had awarded appropriate priority on its housing register for the current overcrowding.
15. Mr X complained again in January 2024 and the Council responded. Amongst other things, it again explained its reasons for deciding the priority band was correct.
16. Having considered relevant records from the Council, there is insufficient evidence of fault to justify us investigating further.

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Final decision

17. We will not investigate Mr X’s complaint because the complaint is late, Mr X had rights of review and appeal that were reasonable for him to use, and there is insufficient evidence of fault in the way the Council decided his priority bading to justify our involvement.

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Investigator's decision on behalf of the Ombudsman