Summary: We will not exercise discretion to investigate this complaint about the Council’s decision to lower the banding priority of a housing application in 2024. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s decision to lower the banding priority of his housing application in 2024 following his complaint about the outcome of his homelessness application. He believes that the Council lowered his banding to punish him for making a complaint and that his previous priority should be re-instated.

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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)

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How I considered this complaint

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

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My assessment

5. Mr X applied to the Council as homeless in February 2024. The Council concluded that he was non-priority homeless and he was given emergency accommodation during this time in shared accommodation. Mr X complained in March and the Council considered his complaint at both stages of the complaints procedure.
6. During the compalint investigation the Council spoke with Mr X and he told it that he had left his accommodation and gave details of his new accommodation in the private rented sector. The Council updated his housing application because his previous housing circumstances no longer applied. This resulted in the change in his priority banding and he was no longer eligible for Corporate Needs Band.
7. We will not investigate this complaint which was received outside the normal 12-month period for receiving complaints. The Council told Mr X about his right to complain to us in May 2024 and he did not do so until July 2025.
8. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s decision to lower the banding priority of a housing application in 2024. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman