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 she was not told, when she applied to the Council’s housing register in 2020, that she could force the sale of a property she had a share in, which meant she did not take steps to realise the asset until 2023. She also complained the Council did not ask her to complete a medical assessment form when she first told the Council her daughter had autism in 2022. It awarded medical priority in 2024, but this could have been given earlier if the Council had given proper advice. As a result, Ms X says the family have been living in housing that does not meet their needs.

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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, or
• further investigation would not lead to a different outcome.

(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 Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Lack of advice before June 2023

7. We usually expect people to complain to us within 12 months of the events complained about. The Council told Ms X in June 2023 that she could take steps to realise her share in a property. She did not complain about not being told earlier until January 2025. There is no indication she could not have complained about this earlier and therefore no good reason to decide to investigate now.

Priority band

8. Ms X received a capital sum in February 2024, part of which she used to pay off some debts. The Council initially place her in band D. On review, it said that, because she had sold an asset, she was not eligible to remain on the housing register. Ms X asked for a further review and provided additional information. Around the same time, she completed a medical assessment form. Ms X complained the Council should have advised her to complete a medical assessment form in 2022, when she first told it her child had autism.
9. The Council reviewed its decision. It exercised discretion not to penalise Ms X for selling her share in a property, awarded band B priority, based on her child’s medical needs and said the child needed their own room so the household needed four bedrooms. It explained that when a change of circumstances led to an increased priority band or bedroom need, its allocations scheme said the priority date should be the mid-point between the date of the application and the date they qualified for higher priority. This meant band B priority was backdated to November 2023.
10. It is for applicants to ask for medical priority and provide relevant evidence to support that application, and not for councils to give them advice, so there is insufficient fault in relation to this part of the complaint to justify further investigation. In any case, the Council has since agreed to carry out a fresh review to consider further information and evidence Ms X provided and that is an appropriate way for Ms X’s outstanding concerns to be considered.

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Final decision

11. We will not investigate Ms X’s complaint because part of it is late and there is insufficient evidence of fault in relation to the complaint about medical priority.

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Investigator's decision on behalf of the Ombudsman