Summary: We will not investigate this complaint about the Council’s alledged failure to allocate the complainant a larger property which is suitable for his family’s needs. This is because the complaint is late and there are no good reasons why we should exercise our discretion and investigate despite the passage of time.

The complaint

1. The complainant (Mr X) complains about the Council’s failure to allocate him a larger property which is suitable for his family’s needs. He says he contacted the Council in 2020 about getting assistance with alternative housing but that it has ignored his requests.
2. In summary, Mr X says he is living in a two bedroom property with three children and two additional family members who have disability needs. He says the property is not suitable for his household. As a desired outcome, Mr X wants the Council to allocate him a bigger property.

Back to top

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).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. By law, we cannot investigate a complaint made more than twelve months of the complainant becoming aware of the problem, unless there are good reasons to exercise discretion. I have reviewed the Council’s responses to Mr X’s complaint. It says Mr X has not been in contact with the Council’s housing service since March 2022 and invited him to provide evidence of his recent contacts if this view was inaccurate. I have not been provided any evidence that Mr X has been in contact with the Council recently about getting housing assistance.
6. We cannot consider any complaint about the Council’s assessment of Mr X’s housing need earlier than 2023. This is because such a complaint would be late. To consider the issues raised by Mr X, we would need assess these against a recent housing assessment by the Council. Because there is no evidence to suggest Mr X has been in contact with the Council since March 2022, this has prevented a recent assessment being carried out. I see no good reason to exercise discretion to investigate this late complaint.
7. If Mr X’s circumstances have changed since he last contacted the Council for housing assistance, he should request a new housing assessment from the Council to consider his current household’s circumstances. If he remains dissatisfied with the Council’s action and has exhausted its complaint and/or review processes following this, he may bring a new complaint to the Ombudsman which we will consider.

Back to top

Final decision

8. We will not investigate this complaint as the restriction I outline at paragraph three (above) applies.

Back to top

Investigator's decision on behalf of the Ombudsman