Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We will not exercise discretion to investigate the parts of the complaint which refer to matters more than 12 months before we received the complaint. I have seen no evidence to suggest Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council’s assessment of her housing application. She believes she should have higher priority than her current Band C due to her medical condition. She says that the Council has not properly considered her medical needs and the problems with the lift in her social housing block.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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 the information provided by the complainant and the Council’s responses. I have also considered the Council’s housing allocations scheme.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X asked the Council for a medical review of her housing application in 2023. She was told she did not meet the medical priority threshold. She asked for a review of the decision and in February 2024 was awarded Band C priority based on her medical housing needs. The decision has a one-month period to appeal but she did not pursue this.
8. She made a formal complaint about the banding decision in November 2024 and complained to us in April 2025. Miss X says she should have a higher priority banding because of her medical condition and how this is affected by breakdowns to the lift in the social housing block where she lives.
9. We will not investigate the Council’s review of the case which took place more than 12 months before we received her complaint. It was reasonable for her to complain to us after the review decision in early 2024. I have seen no evidence to suggest that Miss X could not have complained to us sooner.
10. The Council told Miss X in November 20204 that she could only have a further medical assessment after a year had elapsed since the previous one unless she has had a change in her medical circumstances. It also says that the repair records for her block does not show disrepair to the lift in the period which she mentioned and that any new repair issues should be reported when they occur. We cannot investigate complaints about housing repairs in social rented property. The Housing Ombudsman has had this responsibility since 2013.
11. I have considered the Council’s housing allocations policy and there is no evidence to show that the policy has been incorrectly applied to Miss X’s application. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

12. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation. We will not exercise discretion to investigate the parts of the complaint which refer to matters more than 12 months before we received the complaint. I have seen no evidence to suggest Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman