Summary: We will not investigate this complaint about Housing allocations, banding and housing benefits The complaint is late and we have seen no good reason why Miss X could not have complained to us much sooner.

The complaint

1. Miss X complains the Council wrongly placed her in private housing, did not provide her with the correct benefits and awarded her the incorrect priority banding.

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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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X made a housing application in 2012.
7. In 2019, the Council made an offer of private rented accommodation and advised Miss X its housing duty would end if the offer were not accepted. Miss X accepted the offer and moved into the private rented property.
8. Miss X complains the Council wrongly placed her in unaffordable private accommodation.
9. Miss X’s homeless application was received before the Localism Act 2011 came into force. This meant Miss X should not have been advised not accepting the accommodation offer would result in the discharge of the Council’s housing duty.
10. The Council apologised to Miss X for advising her duty would be discharged. They agreed to Miss X’s remaining in the property under temporary accommodation terms.
11. Miss X also complains her housing benefits claim was closed in 2022.
12. The Council have said this was due to statutory review paperwork not being completed. They have apologised and issued Miss X a backdated payment of £27,178.25, followed by monthly awards of £1,198.20.
13. Miss X also complains her priority banding was changed in 2022.
14. The Council acknowledged Miss X should have been on band three. It apologised and reinstated her band three priority, backdating the priority date to 2012. They offered a remedy of £500 to reflect the distress and inconvenience, and £50 to reflect the delays in their complaints process. The Council confirmed Miss X did not miss any housing offers during this period.
15. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Miss X has been aware of the issues she is complaining about since 2019-2022. Miss X did not complain to the Ombudsman until 2025. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint. I have seen no good reasons to do so.
16. Even if we were to exercise discretion to consider the late complaint, we would not investigate. The Council provided a suitable remedy in line with our guidance. Investigation by the Ombudsman is unlikely to achieve any additional outcome.

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Final decision

17. We will not investigate Miss X’s complaint because the complaint is late.

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Investigator's decision on behalf of the Ombudsman