Summary: We will not investigate this complaint that the Council gave the complainant wrong information in 2018 about making a housing application. This is because it is a late complaint.

The complaint

1. The complainant, Mr X, says the Council breached the Equality Act by wrongly telling him in 2018 that it did not issue housing application forms. Mr X says this wrong advice delayed his housing application by three years. Mr X wants the Council to backdate his application to 2018, apologise, pay compensation and carry out a review.

Back to top

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

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

Back to top

My assessment

5. Mr X says the Council wrongly told him in 2018 that it did not issue housing application forms. Mr X says this was wrong because the Council did not start using an on-line application process until 2020.
6. Mr X has had a live housing application since 2021. He complained to us in 2022 about the way the Council handled his application although he did not complain to us about the Council’s actions in 2018.
7. Mr X says the Council also wrongly said in 2025 that it does not issue forms.
8. The Council said it would not accept a complaint about events in 2018 because the issue is more than 12 months old. It said it offers help with on-line applications and issues forms when requested. The Council said Mr X had not asked for a form in 2025 but instead asked questions about what happened in 2018.
9. I will not start an investigation because this is a late complaint. Mr X complained to us in 2025 about events in 2018. It is reasonable to expect Mr X to have complained much earlier, not least as part of his complaint to us in 2022. I have not seen any good reason to accept such a late complaint and it is unlikely we could establish what happened in 2018. I do not accept 2025 should be taken as the start date because the Council did not say anything in 2025 to suggest he was given the wrong information in 2018. Further, it is reasonable to expect Mr X would have taken further action in 2021 when the Council accepted his application.

Back to top

Final decision

10. We will not start an investigation because this is a late complaint.

Back to top

Investigator's decision on behalf of the Ombudsman