Summary: We will not investigate this complaint about the Council’s Housing Service. The Council has already upheld the complaint and offered an appropriate remedy. Further investigation by us would not lead to a different outcome.

The complaint

1. Miss X complained the Council had mistreated her since 2022, after she refused a housing register property she had bid on. She said the Council acknowledged it was reasonable for her to refuse the property; however, the Council suspended her housing register account meaning she could not bid on properties. She also said the Council had refused to provide homelessness support. She believes the Council is discriminating against her.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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:

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

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

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My assessment

8. We will not investigate Miss X’s complaint about how the Council treated her in 2022 following her refusal to accept a housing register property she had bid on. That is because Miss X did not complain to us until March 2024. Therefore, any complaint she has about the Council’s actions before March 2023 are late and there is no good reason to exercise discretion to consider them now. We expect a person to complain to us within twelve months of becoming aware of the matter,
9. We will not investigate Miss X’s complaint the Council suspended her ability to bid on properties. The Council’s complaint response stated in December 2023 it incorrectly updated her housing register account meaning she could not bid on properties between December and April 2024. The Council apologised for the error and confirmed it had undertaken staff training. It said that error had not led Miss X to miss out on bidding for a suitable property. It offered £100 for the distress caused. As the Council has offered an appropriate remedy and taken action to correct the error, further investigation by the Ombudsman would not lead to a different outcome.
10. We will also not investigate Miss X’s complaint about the homelessness support provided by the Council. Miss X contacted the Council in December 2023 for seeking hotel accommodation. The Council decided she did not have priority need therefore it would not provide her interim accommodation. It said it wrote to her the following day setting out that decision. If Miss X disagreed with the Council’s decision she did not have priority need, it would have been reasonable for her to ask the Council for a review. If the outcome of the review was not in her favour, Miss X would have had right of appeal to the County Court. Where the law sets out review and appeal rights in law, we expect a person to use them.
11. In the Council’s complaint response, it confirmed the allocated housing officer did not progress Miss X’s homelessness application following her approach in December 2023. It accepted they did not share her Personal Housing Plan (PHP). The Council apologised for this. It offered to reassess her homelessness application and meet to agree a new PHP. There is nothing to suggest the lack of support from the Council meant Miss X missed out on securing accommodation. The Council’s apology and offer to reassess her homelessness application remedies any injustice caused.
12. Miss X believes the Council’s failings are the result of discrimination. The Ombudsman cannot find a Council has breached the Equality Act, only the courts can do this.

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Final decision

13. We will not investigate Miss X’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman