Summary: We will not investigate this complaint about the Council’s review of Mr X’s housing priority banding. The complaint is late, and it would have been reasonable for Mr X to have complained to us sooner.

The complaint

1. Ms Y complains on behalf of Mr X. She says the Council wrongly handled Mr X’s housing application and decided he should remain band 5 despite providing medical evidence. Ms Y says this negatively impacts Mr X’s health. She wants the Council to reconsider Mr X’s application and offer him a two bedroom property.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In September 2024 the Council reviewed Mr X’s housing register priority banding and decided Mr X was eligible for band 5 priority. Mr X believed he was entitled to higher priority banding because of his medical needs.
7. We normally expect people to complain to us within twelve months of them becoming aware of a problem. Mr X has been aware of the Council’s banding decision since September 2024 but did not complain to us about this until January 2026. 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.

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Final decision

8. We will not investigate Mr X’s complaint because the complaint is late and it would have been reasonable for Mr X to complain to us sooner.

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Investigator's decision on behalf of the Ombudsman