Summary: We will not investigate Miss X’s complaint about the Council placing her in unsuitable accommodation and its delay in changing her banding priority for housing. This is because the complaint is late.

The complaint

1. Miss X complains the Council:
1. placed her in unsuitable temporary accommodation in 2019; and,
2. delayed by almost three months in updating her banding from Band 3 to Band 2 following a review. This was actioned in June 2023.

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X’s complaint that the Council placed her in unsuitable accommodation in 2019 is late as she did not complain to the Ombudsman until September 2024. There are no good reasons for us to exercise discretion.
7. In March 2023, Miss X asked the Council to review her banding under its Housing Allocations Scheme.
8. At the end of March, the Council wrote to Miss X as it had decided to increase her banding from Band 3 to Band 2 because her accommodation was not suited to her medical needs. The Council updated Miss X’s housing register application in June 2023.
9. Miss X’s complaint about the delays in the Council updating her housing register application is late. I have considered the reasons that may account for the delays in Miss X complaining to the Ombudsman, including possible disability and health-related reasons, but I do not consider good reasons exist to exercise discretion. Miss X was represented consistently by a solicitor following the Council’s review decision. The solicitor made complaints to the Council on Miss X’s behalf between March and June 2023 and was aware of the Ombudsman. The solicitor could have complained to the Ombudsman or advised Miss X to do so much sooner than September 2024.

Back to top

Final decision

10. We will not investigate Miss X’s complaints because they are late.

Back to top

Investigator's decision on behalf of the Ombudsman