Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council and because it is a late complaint.

The complaint

1. The complainant, Mrs X, says the Council originally placed her in band A on the housing register but then moved her to band B. Mrs X says the Council should check its records for 2020 to establish that she should be in band A on medical grounds.

Back to top

The Ombudsman’s role and powers

2. 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 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))
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 Mrs X and the Council. This includes the complaint correspondence and letters about Mrs X’s priority on the housing register. I also considered our Assessment Code.

Back to top

My assessment

5. The Council says it has no record of Mrs X being on the housing register in 2020. It says she applied to join in 2021 and in 2022 the Council placed her in band two for under-occupancy.
6. In 2022 the Council said Mrs X does not qualify for extra priority but it invited her to submit a change of circumstances form regarding her health. The Council signposted Mrs X to us in 2022.
7. The Council’s allocations policy changed in 2023; this meant people in band two moved to band B. Band two is the equivalent of band B. Mrs X is in band B.
8. I will not start an investigation because there is insufficient evidence of fault by the Council and because it is a late complaint. The Council has no record that it ever awarded band one (or band A) to Mrs X. There is, however, evidence the Council placed Mrs X in band two in 2022. If Mrs X thought band two was wrong she could have complained to us in 2022, as invited by the Council. Mrs X did not complain to us until October 2024. I have not seen any good reason to accept a late complaint.
9. In addition, I have considered the former and current allocation policies and there is nothing to suggest Mrs X would qualify for band one or band A.
10. Mrs X could ask for a reassessment based on her current circumstances but she would need to supply evidence she meets the criteria for band A. This could include, for example, evidence Mrs X has a terminal illness (should that apply) or that she is under-occupying social housing by three or more bedrooms. If Mrs X ask for a reassessment it would be for the Council, not us, to decide if she is eligible for a high band.

Back to top

Final decision

11. We will not start an investigation because this is a late complaint and because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman