Summary: We will not investigate this complaint about the suitability of Mr X’s accommodation as it is late and there are no good reasons to consider it now.

The complaint

1. Mr X complained that the Council:

• Wrongly offered a property to Mr X and his family which did not meet their health needs as it did not have a toilet on the ground floor.
• Wrongly refused Mr X’s disabled facilities grant application to install a downstairs toilet.

2. Mr X says that as a result he and his family have been caused significant distress and anxiety as they are living in accommodation that does not meet their needs.

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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)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In early 2023, Mr X accepted the tenancy of a property offered by the Council. Before accepting the tenancy Mr X told the Council his family required a downstairs toilet to meet their health needs. The Council assessed whether Mr X and his family were eligible for disabled facilities grant to fund the installation of a downstairs toilet. The Council considered the level of Mr X and his family’s income meant they were not eligible for a disabled facilities grant.
8. Mr X raised his concerns about his accommodation with his local councillor. In early 2024, the councillor told Mr X how he could make a complaint to the Council. Mr X made a complaint to the Council in September 2024 which it considered through its two stage complaints procedure. He then made a complaint to the Ombudsman in September 2025.
9. We will not investigate Mr X’s complaint as it is late. We are mindful that the Council responded to Mr X’s stage two complaint in June 2025. But the timescale for a complaint to us runs from when a person is first aware of their complaint. It is not from when they complain to the Council and receive the final response to their complaint. Mr X was aware in early 2023 of his concerns about the suitability of his property. Emails between the Council and Mr X’s councillor from early 2024 show Mr X would have been aware of the Council’s decision to refuse a disabled facilities grant at that time, if not earlier. So Mr X’s complaint is late and it is reasonable to expect him to have made a complaint to us before now. There are no good reasons to investigate the complaint now.

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Final decision

10. We will not investigate Mr X’s complaint as it is late and there are no good reasons to investigate the complaint now.

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Investigator's decision on behalf of the Ombudsman