Summary: We will not investigate this complaint about the Council’s decision about Ms X’s housing priority. Part of the complaint is late and there are no good reasons for us to exercise discretion to consider it now. We will not investigate the rest of Ms X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Ms X complained the Council did not act on receiving new information, relating to a hazard warning notice, which she said impacts her priority for housing.
2. Ms X said this means she must continue living in an unsuitable property which is negatively impacting her and her family.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained the Council did not handle her housing application appropriately and did not act when it received new information about the overcrowding of her property. Ms X believed her priority level for housing should be increased because of this.
9. Ms X also complained her priority changes dependent on which property she is bidding on.
10. In relation to the matters about Ms X’s housing application, this relates to matters which occurred between December 2022 – August 2023. As outlined in paragraph four we cannot investigate matters which a person was aware of more than 12 months before complaining to us, without good reason. I have seen no good reasons we should exercise discretion to consider these matters now and therefore we will not investigate.
11. I have considered all available information relating to the overcrowding of Ms X’s property and considered this in line with the Council’s housing allocations policy. According to its allocations policy, Ms X is already on an appropriate band and points award, for overcrowding. There is no evidence to suggest the Council should have changed Ms X’s priority for housing. The Council also signposted her to her landlord to address other issues relating to the hazard notice.
12. The Ombudsman may not find fault with a council’s assessment of a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise the demand for social housing far outstrips the supply of properties in many areas and recognise Ms X’s concerns with her current property.
13. However, the Ombudsman cannot overturn a Council’s decision on housing priority, we can only look at whether there was any fault in its decision-making. Because there is not enough evidence of fault in its decision-making, we will not investigate.
14. Finally, in its complaint response the Council explained Ms X’s priority may change depending on which property she is bidding on. It said this is because different properties are open to different bands which will change Ms X’s priority on each occasion. There is no evidence of fault in this matter and therefore we will not investigate.

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Final decision

15. We will not investigate Ms X’s complaint because part of the complaint is late without good reasons for us to exercise discretion to consider it and there is not enough evidence of fault to warrant our involvement for the rest of the complaint.

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Investigator's decision on behalf of the Ombudsman