Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to accept her housing application on to its Housing Register. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.  The complaint has been made late and there are no good reasons for us to investigate.

The complaint

1. Mr Y complains, on behalf of Mrs X, about the Council’s failure to approve her application for housing on to its Housing Register to move closer to other family members who live in the London Borough of Bexley.  
2. Mr Y says that Mrs X has a serious health condition and the Council has failed to take in to account properly. He says that, as Mrs X deteriorates, she would benefit from living in the Council’s area and being closer to other family members. 

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’ causing an injustice. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council rejected Mrs X’s application in 2022 saying she did not meet the 5-year residency requirement. It also said it had considered her case under its ‘exceptional case criteria’ but decided she did not meet its criteria for priority housing on health grounds.
9. We will not investigate Mrs X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mrs X was aware of the matter at the relevant time, and I see no good reasons to exercise discretion to consider it now.

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Final decision

10. We will not investigate Mrs X’s complaint because it lies outside our jurisdiction and there are no good reasons to consider it now.

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Investigator's decision on behalf of the Ombudsman