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 Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about the Council’s assessment of her housing application. She says that she has been asking for her banding to be changed to 3-bedroom needs since 2023 but the Council has refused. She says she needs to be re-housed in suitable accommodation quickly because of her family’s medical needs.

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

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My assessment

5. Ms X says the Council placed her housing application in Band A in May 2023 but since that time she has received direct offers which she says are unsuitable for her family’s medical needs. She says that she needs an additional bedroom for a family member’s medical equipment to provide additional care but the Council will not award this.
6. The Council reviewed her application in 2024 and it decided she had the correct priority for a direct offer of wheelchair suitable accommodation for ground floor or lift access above ground accommodation. It did not consider she met the requirements for an additional bedroom. The Council says she has been made three offers since this time which it considers suitable for her needs.
7. The Council’s review in 2024 advised Ms X of her right to complain to the Ombudsman at the time and she did not do so within 12 months. 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. I have seen no evidence to suggest that Ms X could not have complained to us sooner
8. Since this decision Ms X has made a further complaint to the Council in 2025 and it again advised her to contact us.

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Final decision

9. 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 Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman