Summary: We will not investigate this complaint about the Council’s offer of a tenancy to Miss X in 2019. We previously considered and decided a complaint on this matter in 2021. We will not investigate the Council’s assessment of her banding priority in 2024 because this complaint was received outside the normal 12-month period.

The complaint

1. Miss X complained about the Council offering her a tenancy in 2019 of a property which she says is unsuitable for her disabled needs. She says she has had problems with repairs and adaptation request with her landlord since that time. In 2024 her transfer application was given a higher banding but she believes this is insufficient.

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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 will not reconsider a complaint which has been previously considered and decided.

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How I considered this complaint

4. I considered 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 says the Council tenancy which she was offered in 2019 was unsuitable for her needs and she was forced to accept it because she would have remained homeless if she had refused it. She complained to us about this matter in 2021 (case reference 21006738) and we decided that we would not investigate further. We will not investigate a new complaint about a matter which has previously been considered and decided.
7. Miss X says the property has had problems with repairs and adaptations since her tenancy began and she submitted a transfer request following her landlord’s refusal of a mutual exchange in previous years. In 2024 the Council re-assessed her transfer application and awarded her higher banding priority of Band B following an assessment by an Occupational Therapist. Miss X disagrees with the priority banding but she did not ask for a review of the decision within 21 days which the Council had advised in its banding letter.
8. We will not exercise discretion to investigate her complaint about her banding priority because it was awarded more than 12 months before we accepted her complaint and we cannot change a Council’s priority decision unless this did not follow the allocations policy at the time. It was reasonable for Miss X to ask for a review at the time.

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Final decision

9. We will not investigate this complaint about the Council’s offer of a tenancy to Miss X in 2019. We previously considered and decided a complaint on this matter in 2021. We will not investigate the Council’s assessment of her banding priority in 2024 because this complaint was received outside the normal 12-month period.

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Investigator's decision on behalf of the Ombudsman