Summary: We will not investigate Mr X’s complaint about the suitability of his home and his application banding. This is because part of the complaint is late and there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Mr X complains about the suitability of his home and the banding awarded by the Council. He also complains about poor communication and complaint handling.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X complained about the Council’s decision that his home is suitable for his medical needs. The Council told Mr X the outcome of his review request in October 2023. It said he could submit a new formal review request and it told him how to do this.
7. I will not investigate this complaint. It is late and based on the evidence I have seen there is no good reason it could not have been brought to us sooner.
8. Mr X complained about his current banding. Mr X also complained about poor communication and record keeping. He says he previously submitted a change of circumstances form. The Council has no record of the form. Mr X was unable to provide any information to help locate the file. The Council explained how he can submit a Change of Circumstances form so it could reassess the banding.
9. I will not investigate this complaint. In consideration of these issues the Council has followed the appropriate procedures, and I cannot therefore criticise it.
10. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

11. We will not investigate Mr X’s complaint because part of it is late, and there is not enough evidence of fault to justify an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman