Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing register application because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council did not properly explain to her the changes it was making to its allocations scheme so she could make an informed choice about what to do. She also complained it took seven years for the Council to award the correct priority band, but then it failed to back-date this. She said the Council’s failings had caused her significant worry and stress and will mean she waits longer to be rehoused.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 there is not enough evidence of fault to justify investigating.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We usually expect people to complain to us within 12 months of the events complained about. Ms X complained to us in September 2024 about events going back seven years. We will not exercise discretion to consider the events before September 2023 because there is no evidence that Ms X could not have complained to us earlier.
8. In late 2023, Ms X’s landlord gave her notice to leave her private rented property. She asked the Council for help. The Council contacted the landlord, who agreed to extend Ms X’s tenancy for a further 12 months, in return for an incentive payment from the Council. The landlord confirmed his agreement on 3 January 2024. On that basis, the Council awarded Ms X priority band B. This was in line with the Council’s published allocations scheme, which says band B will be awarded where an applicant is working with it to prevent homelessness.
9. In April 2024, changes were made to the Council’s allocations scheme, which affected all applicants in band B. Its scheme now says the qualifying date is the date the applicant qualified for the higher band. This means Ms X’s qualifying date is now January 2024 and not the date in 2017 when it originally accepted her on to its housing register.
10. The Council took appropriate action when Ms X received the notice form her landlord and awarded priority band B from January 2024 in line with its allocations scheme. Generally, applicants are awaiting longer to be rehoused, particularly in London, due to a national shortage of social housing and an increase in demand.
11. We will not investigate further because there is insufficient evidence of fault to justify our involvement.

Back to top

Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman