Summary: We will not exercise discretion to investigate the Council’s decision to demote a housing application in 2022 and delay in the reveiw in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. Mr X’s allegations of the Council’s malfeasance by its officers is a criminal allegation and can only be determined by the courts and the judiciary.

The complaint

1. Mr X complained about the misconduct of the Council in handling his housing aplpciation and a review of the demotion of his case in 2022. He alleges that the Council have engaged in malfeasance in public office and indirect discrimination and would like officers of the Council to be prosecuted.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says the Council wrongly demoted his housing application in 2022 based on information about his previous tenancies. He asked for a review of the decision in 2022 and it was not decided until early 2023. The Council apologised for the delay when he made a formal complaint in 2023 and offered him £100 for the inconvenience. The outcome of the review was unchanged.
7. Mr X says he was incorrectly referred to the Housing Ombudsman in 2023 but he did not complain to us until September 2025. This was sufficient time for him to make a complaint. He could also have complained to us in 2022 when the review of his case exceeded 8 weeks without a response. I have seen no evidence to suggest that Mr X could not have complained to us sooner.
8. Mr X’s allegation of malfeasance falls outside of our jurisdiction. It is appropriate for Mr X to seek redress for the alleged unlawful discrimination through the judiciary and the courts as this is a criminal matter.

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Final decision

9. We will not exercise discretion to investigate the Council’s decision to demote a housing application in 2022 and delay in the reveiw in 2023. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. Mr X’s allegations of the Council’s malfeasance by its officers is a criminal allegation and can only be determined by the courts and the judiciary

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Investigator's decision on behalf of the Ombudsman