Summary: We will not investigate this complaint about the Council's handling of Miss X's housing application, because further investigation is unlikely to lead to a different outcome.

The complaint

1. Miss X complains the Council committed safeguarding failures, breached her personal data, mishandled her complaints, failed to carry out repairs to her property and failed to pay compensation after upholding complaints. She says these matters have had a significant impact on her and her daughter, causing distress and affecting their wellbeing. She says she has spent several years pursuing complaints without resolution. Miss X wants the Council to complete outstanding repairs, pay the compensation she believes it owes, resolve the data breach, reinstate her housing priority and waiting time, recognise her daughter's housing needs and provide accountability for the issues she has raised.

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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)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Miss X complained to the Council about safeguarding matters arising in 2023. These matters were considered through the statutory children's complaints procedure at that time. Miss X raised the issues again in 2026, but the Council declined to investigate them further on the basis the complaint was late, and it had already been considered in 2023.
10. We will not investigate this part of Miss X's complaint because it is late. Miss X was aware of the matters and the Council's response in 2023. I see no good reason why she could not have complained to us sooner if she remained dissatisfied with the outcome.
11. Miss X also complains about outstanding repairs to her property and compensation she says is owed. These matters concern the Council's actions in its role as a social housing landlord. As outlined in paragraph 4, we cannot investigate complaints where the Council is acting in its capacity as a social housing landlord. Miss X should raise this part of her complaint with the Housing Ombudsman Service.
12. Miss X also complains about a breach of her personal data by the Council in 2023. The matter was reported to and considered by the Information Commissioner's Office (ICO). We will not investigate this part of Miss X’s complaint as it is reasonable for Miss X to pursue this with the ICO as the specialist body responsible for considering complaints about data protection.
13. Miss X also complained to the Council about her housing application and says she seeks reinstatement of her housing banding, waiting time and disability priority. The Council considered her complaint but did not uphold it. It said it assessed her application in line with its allocations policy and advised her that she remains an active applicant on the housing register in Band 1, the highest priority band available.
14. We will not investigate this part of Miss X's complaint. The Council removed Miss X's daughter from the application in line with its allocations policy. However, it says it remains in regular contact with her to support her with her housing application. Further investigation is unlikely to lead to a different outcome.

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Final decision

15. We will not investigate Miss X’s complaint as further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman