Summary: We will not investigate Ms X’s complaint about the Council’s delay in making her housing register application “live”. There is insufficient evidence of fault by the Council to justify our involvement.

The complaint

1. Ms X complained about the Council’s delay in processing her housing register application. She says, but for the delay, she would have been rehoused by now. In the meantime, she has been living in unsuitable temporary accommodation.

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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, or
• it would be reasonable for the person to ask for a council review or appeal.

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

5. 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

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

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My assessment

What happened

8. Ms X became homeless in June 2021, and the Council arranged interim accommodation. It also opened a housing register application, which was later suspended due to Ms X having rent arrears and due to its decision, in April 2022, that she was intentionally homeless. Ms X asked for a review of the decision she was intentionally homeless and it was overturned in August 2022. Also in August 2022, the Council advised Ms X to make a fresh housing register application, but she did not do so.
9. The Council told us that, prior to a new policy introduced in April 2025 to assist households in temporary accommodation, it was the responsibility of the homeless person to make a housing register application. In May 2025, the Council made a fresh housing register application on behalf of Ms X. It awarded band B on its housing register and said she needed a property with four bedrooms. The application was “live” from July 2025.

My assessment

10. We usually expect people to complain to us within 12 months of the events they are complaining about. Ms X complained in November 2025 about events from 2021. There is no evidence Ms X could not have complained earlier and no good reasons to consider the events before November 2024 now.
11. In any case, from August 2022, when the Council accepted a main homelessness duty, Ms X had the right to ask for a review of the temporary accommodation provided if she considered it was unsuitable. It was reasonable for her to ask for a review, so we would not investigate any complaint about this.
12. Further, in relation to the housing register application, it was Ms X’s responsible to make the application and the Council advised her to make a fresh application in August 2022, which she did not do. There is insufficient evidence of fault by the Council in this period to justify further investigation.
13. The Council initiated a fresh housing register application in May 2025, which was made live in July 2025. This was not an undue delay, following the introduction of the new policy in April 2025. Ms X has not complained about the priority awarded or assessed bedroom need, but it would have been reasonable for her to ask for a review of the Council’s decision if she disagreed with it. There is insufficient evidence of fault in this period to justify further investigation.
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 there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman