Birmingham City Council (24 021 657)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 01 May 2025

The Ombudsman's final decision:

Summary: We will not investigate Mrs Y’s complaint that the Council awarded her the wrong banding date for housing allocations. This is because the complaint is late.

The complaint

  1. Mrs Y complains the Council awarded her the wrong banding date, in March 2023.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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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. In March 2023, following a review request from Mrs Y, the Council confirmed that Mrs Y’s banding date was January 2023. It explained that this date was based on when its new Housing Allocations Scheme came into effect.
  2. In March 2025, Mrs Y complained to the Ombudsman. She said the Council should award her a banding date of January 2020 because this is when she first made a homelessness application. Mrs Y’s complaint about the Council’s review decision from March 2023 is late. I have seen no good reasons to exercise discretion to investigate this complaint.
  3. It is not proportionate to look at Mrs Y’s complaint about the Council’s handling of her housing register application alone when I am not considering the substantive matter.

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Final decision

  1. We will not investigate Mrs Y’s complaint that the Council incorrectly awarded her a banding date of January 2023. This is because the complaint is late and there are no good reasons to exercise discretion.

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Investigator's decision on behalf of the Ombudsman

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