Summary: We will not investigate this complaint about the Council’s decision not to backdate Ms X’s housing banding to 2019. This is because complaint is late, there is no good reason to exercise discretion to investigate it now.

The complaint

1. Ms X complained that the Council failed to backdate her priority banding to 2019, when she applied to join the housing register. She says this meant she missed earlier opportunities to be rehoused. Ms X said this caused her distress.

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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. Ms X has been in contact with the Council since 2023 to seek the backdating of her housing band to 2019.
7. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. I will not be investigating this complaint as it is a late complaint, and I have not seen any evidence of why it was not raised to us within 12 months.

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Final decision

8. We will not investigate this complaint because it is late, and there is no good reason to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman