Wokingham Borough Council (24 020 785)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 07 May 2025

The Ombudsman's final decision:

Summary: We will not investigate this late complaint about how the Council handled Miss X’s housing case in 2023. There is not a good reason for the delay in Miss X bringing the complaint to us.

The complaint

  1. Miss X complained about how the Council handled her request to be rehoused in 2023. She said despite asking for a bungalow, she was offered another flat which she reluctantly accepted. She said she has since experienced anti-social behaviour and a significant impact on her mental health. She wanted the Council to acknowledge it did not act appropriately on her complaints and to house her suitably. She also wanted it to reassess her bedroom entitlement.

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The Ombudsman’s role and powers

  1. 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)
  2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X complained to the Council in 2023 about its refusal of her request to move to more suitable housing. It issued her a final complaint response in June 2023. That response signposted Miss X to the Housing Ombudsman. Miss X complained to us about the matter in February 2025.
  2. The law says people must bring complaints to us within 12 months unless there are good reasons. Miss X has not provided any good reason for the 20 months it took her to escalate her complaint following the Council’s final response.
  3. I have not further considered which parts of the complaint would have been for us, versus the Housing Ombudsman, because in any event there is not a good reason for us to consider the matter given the time it took for Miss X to raise it. Had Miss X contacted the Housing Ombudsman in 2023 as advised, she would have been signposted to us for any parts of the complaint the Housing Ombudsman could not consider.
  4. Miss X raised more recent matters as part of her complaint to us, which she had not yet raised via the Council’s complaints process. We must give councils the opportunity to consider complaints via their internal processes before we consider them. There is not a good reason for us to consider these complaints prematurely. When Miss X has provided the Council an opportunity to respond to those complaints, it is open to her to complain to us and the Housing Ombudsman as appropriate.

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Final decision

  1. We will not investigate Miss X’s late complaint because there is not a good reason for the delay in her bringing the matters to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman

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