Birmingham City Council (25 019 934)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 22 Apr 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mrs Y’s housing applications because the complaints are previously considered, late, premature or there is no significant injustice.

The complaint

  1. Mrs X complains on behalf of Mrs Y about the Council’s decisions on Mrs Y’s housing applications including:
    • The housing award date
    • The Council’s handling of her housing application and complaint in summer 2025
    • The Council’s decision to refuse an additional bedroom for her husband
    • Removal of her son from her application
    • Closing her applications from 2017 to 2023
    • Removing three adults from her application in 2023

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The Ombudsman’s role and powers

  1. 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)
  2. 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:
  • any injustice is not significant enough to justify our involvement, 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))
  1. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

  1. I considered information provided by Mrs X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs Y’s complaint about her registration and housing award date has been previously considered and decided under case 24021657, I therefore cannot investigate this.
  2. I note Mrs Y has recently asked the Council to review its decisions on her registration and award date again. However, the Council had not completed its review at the time Mrs Y contacted us and so it is too early for us to investigate. If Mrs Y is unhappy with the Council’s response to her review request she can make a new complaint to us.
  3. Mrs Y’s complaint about the handling of her housing application and related complaint, with a final response issued by the Council on 15 July 2025, has been previously considered and decided under case 25008256 therefore I cannot investigate this.
  4. Mrs Y’s complaint that the Council refused an extra bedroom for husband remains subject to the Council’s review and was premature at the time Mrs Y contacted us. It is too early to investigate now. If Mrs Y is unhappy with the Council’s response to her review request she can make a new complaint to us.
  5. Mrs Y’s son was removed from her housing application in May 2025 and reinstated on review in June 2025. Given the short time period, any injustice is not significant enough to warrant an investigation.
  6. Mrs Y’s complaints that the Council repeatedly closed applications she made from 2017 to 2023 and her complaint the Council removed three adults from her application in 2023 are out of time with no good reason to exercise discretion.

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Final decision

  1. We will not investigate Mrs Y’s complaint because they have been previously considered, are late, premature or there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman

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