Summary: We will not investigate Ms X’s complaint about the length of time she has been waiting on the housing register. This is because there is not enough evidence of fault in the Council’s application of its policy to justify investigating.

The complaint

1. Ms X complains that she and her children live in an overcrowded 2-bedroom property and have been bidding for a larger home since 2014.
2. Ms X complains that after the Council changed her banding on the housing register, she was unable to bid for available properties.

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The Ombudsman’s role and powers

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 of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
5. 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))

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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

8. Ms X was initially placed on the housing register as Band C (medium priority). In 2023 Ms X qualified to be placed on the higher Band B (high priority) and informed she was eligible to bid for three-bedroom properties.
9. As Ms X is now in a higher priority band, any bid she makes will be considered in line with the Council’s allocations policy which states that bidders in Band B have priority over bidders in Band C.
10. We normally expect people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I have considered whether to exercise our discretion to investigate the complaint, but I have seen no good reasons to do so. We will therefore not consider the part of Ms X’s complaint relating to the 2023 banding increase.
11. Part of Ms X’s complaint relates to the length of time she has spent waiting on the housing register without receiving an offer. The Council explained that there is insufficient social housing to meet the high demand in the borough and signposted guidance and support. The Council recommended that Ms X bid weekly.
12. The fact that Ms X has been waiting a long time does not, on its own, indicate fault by the Council. We are aware of a significant shortage of social housing, which is particularly acute in London. The Council must offer housing in line with its policy. There is not enough evidence of fault in the Council’s application of its policy to justify investigating.

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Final decision

13. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault in the Council’s application of its policy to justify investigating.

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Investigator's decision on behalf of the Ombudsman