Summary: We will not investigate this complaint about the Council’s decision on Mr X’s housing register application because it is late.

The complaint

1. Mr X complains the Council:
• failed to act on housing and occupational therapy assessments confirming his home is unsuitable and unsafe, leaving him and his family on a waiting list for years without adaptations or rehousing.
• was poor in its complaint handling

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In 2022 the Council placed Mr X in priority Band 2 on its housing register. This decision was supported by an occupational therapy assessment. Mr X’s complaint about this decision or any failure to adapt his property at that time is late and there is no good reason to exercise discretion.
7. Mr X is unhappy he is still waiting to move home, however people may wait many years before they are successful in securing a new home from the Council’s housing register. There is not enough evidence of fault.
8. The Council’s final complaint response says Mr X has not provided any new information for its consideration. It remains open to Mr X to provide new information to the Council for it to review.
9. It is not proportionate to investigate the Council’s complaint handling when we are not investigating the substantive issues, given the level of any remaining injustice.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is late.

Back to top

Investigator's decision on behalf of the Ombudsman