Summary: We will not investigate Mr X’s complaint about housing allocations as his complaint about events which occurred in 2023 is too late. Also, the law says his complaint about the decision to refuse the request for a housing transfer should be made to the Housing Ombudsman.

The complaint

1. Mr X complains about the Council’s housing allocation in 2023 and 2024. He would like the Council to rehouse him immediately because of antisocial behaviour.

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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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

7. Mr X complains about how the Council allocated housing in 2023. We will not investigate this complaint because it is late and I can see no good reason why it could not have been raised sooner.
8. Mr X complains the Council refuses to agree to his request to move house because of antisocial behaviour. The Council said that it would not support a move under its allocation policy on this basis. It set out the other options available to Mr X.
9. An allocations policy must give 'reasonable preference’ to applicants in the following categories:
• homeless people
• people in insanitary, overcrowded or unsatisfactory housing
• people who need to move on medical or welfare grounds; and
10. people who need to move to avoid hardship to themselves or others;
    (Housing Act 1996, section 166A(3))
     
11. The allocations policy sets out how these groups will be given ‘reasonable preference’ and any local priorities.
     
12. We consider complaints about:
13. Direct applications to a Local Housing Authority for housing; and
14. Applications from a tenant for a transfer if they fall within one of the ‘reasonable preference’ categories (see above)
     
15. The law says the Housing Ombudsman deals with complaints about applications for transfer made for any other reasons.

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Final decision

16. We will not investigate Mr X’s complaint because part of his complaint is late. Also, his complaint about the Council’s refusal of his request for a housing transfer should be made to the Housing Ombudsman.

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Investigator's decision on behalf of the Ombudsman