Summary: We will not investigate this complaint about housing allocation because it is late without good reason to exercise discretion to investigate it now and there is no worthwhile outcome achievable by our investigation.

The complaint

1. Miss Y complained the Council has failed to support her and provide her with suitable accommodation for her and her children.
2. Miss Y says the issue has caused distress, disruption and has affected her wellbeing.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Miss Y’s was aware of her reason to complain about the Council’s actions, both in her view that it failed to support her and that her accommodation was not suitable, when she complained to the Council in April 2024, more than 12 months before she approached us in July 2025. Consequently, her complaint is now late.
9. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Miss Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. Therefore, we will not investigate her complaint.
10. Further, while Miss Y did request a suitability review under s202 of the Housing Act 1996 in August 2025 of her temporary accommodation, Miss Y later requested that this was cancelled, as she was moving to new accommodation. We would therefore be unable to ascertain whether the property was suitable or not. Miss Y has now moved to new privately rented accommodation, having begun a tenancy in September 2025. As Miss Y has now moved and is in new accommodation, it is unlikely further consideration of this complaint would lead to a different outcome for Miss Y, so there is no worthwhile outcome achievable by our investigation. We will not investigate.

Back to top

Final decision

11. We will not investigate Miss Y’s complaint because it is late without good reason to exercise discretion to investigate it now and there is no worthwhile outcome achievable by our investigation.

Back to top

Investigator's decision on behalf of the Ombudsman