Summary: We will not investigate this complaint about the Council’s decision to remove Mr X from its housing register as it is made late and there are not good reasons to investigate now. It is unlikely we will find fault in the Council’s decision not to conduct a late review of this decision and so we will not investigate this aspect of the complaint.

The complaint

1. Mr X complains the Council has not properly considered his housing need or considered the medical evidence he has submitted in support of the impact he says his housing has on his mental and physical health. Mr X says his current situation is causing him extreme stress, fear of homelessness and is impacting family relationships.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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))
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

8. In April 2024, the Council introduced a new housing allocations policy. Information provided by Mr X indicates that sometime after this, and prior to September 2024, the Council re-assessed Mr X’s live application for housing and removed him from the housing register, as it considered he did not meet the qualification criteria of having a housing need as defined under the new policy.
9. Mr X complained to the Council about this in September 2025. The Council considered whether it should carry out a review of its decision to remove Mr X from its housing register despite Mr X having not requested a review of the decision within the required 21 days and as he was now raising the matter around a year late. After also considering its public sector equality duty in this regard, the Council decided not to allow a late review of its decision. The Council did though invite Mr X to make a new application for housing, to enable his current housing situation and medical need to be considered. Mr X gives no indication of having done this in his complaint to us.
10. Mr X complained to us at the end of October 2025 and so his complaint is made late as not made to us within a year of him knowing about the Council’s decision to remove him from its housing register. Mr X has not given any reason for the delay in complaining or why he could not have come to us sooner. I consider it is reasonable to expect Mr X to have complained to us sooner and within a year of him knowing about the problem. I do not consider therefore that there are good reasons for us to investigate now, and we will not do so, as per paragraph three.
11. We will not investigate the Council’s decision not to carry out a late review of its decision to remove Mr X from its housing register as it is unlikely we will find fault. The Council explained how it had come to this decision and the consideration it had given. We cannot question the merits of the decision itself unless there is evidence of fault in how it was made. Mr X’s complaint does not provide evidence of such fault.
12. The Council has invited Mr X to make a new application for housing. If Mr X does this and is dissatisfied with the outcome, then it will be open to him to challenge the decision by review and then a complaint to us.
13. For these reasons, we will not investigate.

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Final decision

14. We will not investigate Mr X’s complaint about the Council’s decision to remove him from its housing register as it is made late and there are not good reasons to investigate now. It is unlikely we will find fault in the Council’s decision not to conduct a late review of this decision and so we will not investigate this aspect of the complaint.

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Investigator's decision on behalf of the Ombudsman