Summary: We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the Council’s assessment of her housing application. She says she should be entitled to higher housing priority than her current banding, which was awarded in 2022, because she has medical and mental health needs.

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The Ombudsman’s role and powers

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)
3. 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 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

4. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X applied for housing in 2019 when she owned her home. In 2022 she sold her home and re-applied to the housing register. The Council assessed her application as Bronze Band which is a low priority banding. It told her this is because its housing allocations policy requires that anyone with capital and earnings amounting to over £150,000 is deemed to be able to meet their own housing needs and this applied to her case.
7. Mrs X sought a medical review of her case in 2023 and the Occupational Therapist recommended that she would be eligible for Silver Band based on her health needs. The Council told Mrs X that before medical needs are taken into account the eligibility for the housing register has to be considered and the capital limit takes precedence over any other factors such as medical or overcrowding needs. It says that even if someone has medical or overcrowding needs, if they have the means to afford alternative housing they will be expected to use this alternative.
8. We will not investigate this complaint which was received outside the normal 12-month period for considering complaints. Mrs X was notified of her banding in 2022 and she did not complain to us within 12 months.
9. Any housing applicant who wishes to challenge a decision by the council on their application priority may ask for a review under s.166A of the Housing Act 1996 part 6. Mrs X could have asked for such a review in 2022 and could still do so. However, her application is currently suspended because she failed to return the annual review form required by the housing allocations policy.

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Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s assessment of a housing application. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman