London Borough of Merton (24 017 406)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 17 Mar 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the priority the Council awarded on its housing register. The complaint is late and there is no indication Mr X could not have complained to us earlier.

The complaint

  1. Mr X complained the Council would not review the priority awarded on its housing register. He said it had not properly considered the seriousness of his situation, including his disability and overcrowding.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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How I considered this complaint

  1. I considered information provided by Mr X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council accepted Mr X’s application to join its housing register in 2021. In October 2022 it reviewed the priority awarded on its housing register. It explained it had awarded 60 points for overcrowding, 20 points on medical grounds and 5 points for his waiting time. It said this meant he was in band C and explained why he did not meet the criteria for band B.
  2. Mr X has also provided an undated email from the Council acknowledge he had asked for a review and saying he had not explained why he thought its decision was wrong.

My assessment

  1. We usually expect people to complain to us within 12 months of the events complained about. Mr X complained to us in January 2025 about the Council’s decision in October 2022. I have seen no evidence to suggest Mr X could not have complained to us sooner and therefore there are no good reasons to investigate this complaint, which is late.

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Final decision

  1. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman

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