Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing register application. Part of the complaint is late and there are no good reasons for us to decide to investigate now. It was reasonable for Ms X to have asked for a review of the Council’s decision in July 2025.

The complaint

1. Ms X complained about the Council’s failure to rehouse her family. She says she suffered domestic abuse in the property, a close relative died there and being in the property is significantly affecting the family’s mental health.

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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:

• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

What happened

7. Ms X lives in a property with her children in which she had previously suffered domestic abuse and in which a close family member died. She told the Council her housing was significantly affecting the family’s mental health.
8. In September 2023, the Council awarded band 3 medical. Ms X asked for a review and the decision was upheld on review.
9. Following a complaint response in June 2025, Ms X provided further medical evidence to support her application. The Council considered this and consulted its independent medical adviser (IMA). In July 2025 it decided band 3 remained appropriate and set out the reasons for its decision. The decision letter said Ms X could ask for a review of the decision if she disagreed with it.
10. Ms X complained to the Housing Ombudsman Service (HOS), which considered the parts of her complaint within its remit. Ms X complained to us about the Council’s handling of her housing register application in October 2025.

My assessment

11. We usually expect people to complain to us within 12 months of the events they are complaining about. In this case, the Council wrongly signposted Ms X to HOS for all parts of her complaint. She complained to HOS around June 2025, so we will treat that as the date she complained to us. There is no indication Ms X could not have complained to HOS earlier about matters from 2023 and there are no good reasons for us to consider investigating the period before June 2024 (a year before the complaint to HOS).
12. Even if Ms X had good reasons for not complaining earlier about the review decision in 2023, further investigation would not lead to a worthwhile outcome because events have moved on since then.
13. Ms X did not ask the Council for a review of its decision in July 2025. The decision letter set out relevant review rights and Ms X was aware of the process as she had previously asked for a review. Therefore, it was reasonable for her to have asked for a review, so we will not consider this part of the complaint further.
14. For the above reasons we will not consider the complaint further.

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Final decision

15. We will not investigate Ms X’s complaint because it is partly late and because it was reasonable for Ms X to ask for a review of the decision in July 2025.

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Investigator's decision on behalf of the Ombudsman