Summary: We have upheld this complaint because the Council delayed considering the complainant’s housing application. The Council has agreed to resolve the complaint by making a proportionate remedy for the injustice caused.

The complaint

1. Miss X complains about how the Council dealt with her housing applications. She says the Council made a direct offer to her for housing away from her support network and has recently delayed considering a change of circumstances application on medical grounds.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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 do not start or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. I will not investigate Miss X’s complaint about the direct offer that was made to her that led to her living in her current property. This is because this happened several years ago, so is late. I see no good reason why Miss X could not have complained sooner.
8. If we were to investigate Miss X’s complaint about how the Council dealt with a change of circumstances application in June 2024, it is likely we would find fault causing Miss X an injustice. This is because the Council delayed considering the application until August 2025, causing Miss X distress in the form of frustration and uncertainty.
9. I therefore asked the Council to apologise to Miss X within one month for the delay in considering her application and to make a payment to her of £150 to remedy the distress this caused. To its credit, the Council agreed.
10. In its recent response to Miss X’s application, the Council concluded that the threshold for medical priority had not been met. I will not investigate how the Council reached this decision. This is because Miss X has a right of review that it is reasonable for her to use.

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Final decision

11. We have upheld Miss X’s complaint because the Council delayed considering her housing application.

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Investigator's decision on behalf of the Ombudsman