Summary: We will not Ms X’s complaint about the Council’s refusal to let her succeed her parents’ tenancy because it is late and because we cannot investigate complaints about councils acting in their capacity as social landlord.

The complaint

1. Ms X complained about the Council’s decision, in April 2021, to allow her to transfer to the property her parents previously rented.

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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 cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained about the Council’s decision, in April 2021, refusing to allow her to give up her tenancy and take up the tenancy of her parents’ former flat.
8. We usually expect people to complain to us within 12 months of the events they are complaining about. Ms X complained in February 2025 about a decision the Council made in April 2021. I note she complained to the Council in 2021 and again in May and November 2023. I also note Ms X had suffered a bereavement and has some health problems. However, I consider she could have complained to us earlier and there are no good reasons to decide to investigate now.
9. Further, we cannot investigate complaints about councils acting as managers of social housing. It is not entirely clear from the Council’s decision the capacity in which it was considering the transfer request, but if, as seems likely, it was treating it as a request to succeed the tenancy of a parent, this would mean it was acting as a social landlord when making the decision complained about and we would have no power to investigate.
10. For these reasons, we will not investigate further.

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Final decision

11. We will not investigate Ms X’s complaint because it is late and because we cannot investigate complaints where the Council is acting as social landlord.

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Investigator's decision on behalf of the Ombudsman