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

The complaint

1. Miss X complained about the Council’s failure to assess her housing needs properly since 2020. She says she should have higher priority due to medical needs and overcrowding. She also complained about the conduct of housing staff in her local housing office and dampness in her Council rented home.

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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 cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

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

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My assessment

6. Miss X says her housing application has not received high priority even though she has reported medical needs and overcrowding since 2020. She says she has more children than when she applied and needs a larger home as she is overcrowded.
7. The Council says that she applied for medical priority in 2022 and that although some bathroom aids were recommended she did not meet the threshold for additional priority. She can ask for a review of her banding priority at any time under s.166A of the Housing Act 1996 if she has new information which may affect her housing priority.
8. Miss X has been aware of the Council’s reaction to her requests for higher priority since 2020. She could have requested a review of the 2022 decision at the time. She could have complained to us within 12 months of being dissatisfied with the Council’s response. There is no evidence to suggest that Miss X could not have complained to us sooner.
9. 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.
10. Miss X says that over the past years she has been treated with discourtesy by the staff in her local housing office. She has reported dampness in her Council-rented home and has received a poor service from the Council housing landlord.
11. We cannot investigate complaints about social housing landlords by their tenants. The Housing Ombudsman service is the body which considers these complaints and the Council has already given Miss X contact information following her formal complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman