London Borough of Lambeth (24 020 430)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 15 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s application for social housing. This is because it has been over a year since the complainant became aware of the issues. The complaint is therefore late and there is no evidence of a good reason why we should exercise our discretion. We have no legal jurisdiction to investigate in these circumstances.
The complaint
- The complainant (Miss X) complains about the Council’s handling of her application for social housing. She says the Council suspended her registered account due to her being ineligible under its housing allocation scheme (Scheme). Miss X says her circumstances changed and she is now eligible under the Scheme, though the Council has refused to update and reactive her account.
- In summary, Miss X says she has three children and is living in a private rented property which is not suitable to her household’s needs. She says the Council’s refusal to accept her housing application and provide suitable housing is having an adverse impact on her and children’s mental an emotional wellbeing. As a desired outcome, Miss X wants the Council to reinstate her bidding account and shortlist her for a suitable property under its Scheme.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- The legal restriction I outline at paragraph three (above) inserts a time limit for a member of the public to bring their complaint to the attention of the Ombudsman. Its intention is two-fold: to provide us with the best opportunity of arriving at a robust, evidence-based decision on complaints about recent events and to ensure fairness by enabling us to decline an investigation into historic matters, which could and should have formed the basis of a complaint to us far sooner.
- The available evidence shows Miss X joined the Council’s Scheme in 2014 and that she was able to bid available housing on the register. Sometime after however, the Council suspended Miss X’s account and application due to it deciding she was ineligible under the Scheme’s criteria. Miss X made a complaint to the Council about this, amongst other issues, in July 2023. The Council responded the following month to confirm its decision she was not eligible. I note Miss X confirmed to the Council she was now eligible and asked where she could send documents for it to validate this. The Council provided these details, and the evidence suggests Miss X sent these in August 2023. Having not received a response, Miss X emailed the Council a month later seeking clarification. She then brought her complaint to the Ombudsman in February 2025.
- It has been over 12 months since Miss X becoming aware of the issues raised in this complaint and her bringing this to us. The complaint is late and I must therefore consider whether there are any good reasons why we should exercise discretion and disapply the normal time limit. There is no evidence to suggest Miss X continued to peruse the issues with the Council following her email in August 2023. I have also seen no evidence as to why this complaint could not have been brought sooner. In my view, it should and could have been raised sooner and there are no good reasons why we should exercise discretion. We therefore have no jurisdiction to investigate.
Final decision
- We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.
Investigator's decision on behalf of the Ombudsman