Summary: We will not investigate this complaint about a delay in uploading a housing register application. The Council has upheld the complaint and offered an appropriate remedy. Further investigation by us would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to upload his housing application to its housing register. He said because of that he had been unsuccessful in securing social housing. He said that had caused his family instability, as they had experienced frequent moves into different temporary accommodation. He said some of that was not suitable for their needs.
2. Mr X also complained the Council had not awarded sufficient priority to his family’s housing register application. He said the Council had not correctly assessed their medical needs. He wants the Council to add additional priority.

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The Ombudsman’s role and powers

3. 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)
4. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

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

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My assessment

7. Mr X initially joined the Council’s housing register in 2001. The Council said it closed that application in 2012. Mr X asked for a review; that review request was not successful. Mr X made a new housing register application in 2014. That application was successful; however the Council did not upload it onto its system until 2019. It then awarded an incorrect registration date.
8. In its complaint response, the Council apologised for its errors. It said it had back dated Mr X’s wait time on the housing register to 2014. The Council also reviewed the properties it had allocated between 2014 and 2024. It confirmed that Mr X had not missed out on any properties as the successful bids had higher priority than Mr X or had a longer wait time. The Council offered a remedy of £500 for any avoidable distress caused by its faults.
9. The Council also said it only had one medical assessment on its records dated January 2023. It said it did not award priority on medical grounds. It said Mr X would need to complete a new medical assessment form if there were medical conditions he wanted the Council to consider.
10. Although Mr X is unhappy with the Council’s response, we will not investigate. Firstly, the Council has apologised and offered a suitable remedy for the faults identified in the handling of his housing application. Therefore, further investigation by the Ombudsman would not lead to a different outcome.
11. If Mr X was unhappy about the outcome of the medical assessment the Council completed in 2023, it was appropriate for him to complain to us within 12 months of that decision. Mr X complained 17 months later. Therefore, this complaint is late and there is no good reason to exercise discretion to consider it now. Mr X needs to complete a new medical assessment if he has medical information he wants the Council to consider. He can then ask for a review if he believes his housing priority is incorrect.
12. If Mr X believes that any temporary accommodation provided by the Council is not suitable, he can ask the Council to complete a suitability review. He then has the right to appeal to the county court on a point of law, if that review decision does not go in his favour.

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Final decision

13. We will not investigate Mr X’s complaint because the Council has already upheld it had offered a suitable remedy. Further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman