Summary: We will not investigate Mr B’s complaint about the Council’s handling of his housing application. This is because part of the complaint is late and there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has not given his housing application enough priority. Mr B says he shares a bedroom with his son and he has been waiting for ten years for suitable housing. Mr B also considers the Council is treating him unfairly and is offering properties to foreign families before him. Mr B says he now needs a house or bungalow rather than a flat.

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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 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 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

5. I considered information provided by Mr B and the Council, and the Council’s housing allocations scheme.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
8. An allocations scheme 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;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

9. The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme.
10. Mr B says he has been waiting for a suitable property for ten years. Mr B first approached the Council for housing help in 2016. The Council accepted Mr B on to the housing register in May 2023. In response to Mr B’s complaint the Council explained why it did not allow him to join the housing register before May 2023.
11. Mr B complained to us about the Council’s handling of his housing application in July 2026. If Mr B considered the Council was at fault for not allowing him to join the housing register before 2023 he could have complained to us at the time. Mr B has not made this complaint to us within 12 months of becoming aware of the issue he complains about. And, I find there are not good reasons for Mr B’s delay making this complaint. So, we will not investigate Mr B’s complaint about the time he has been waiting for a property.
12. The Council’s housing allocations scheme, which is a joint scheme with neighbouring local authorities, says eligible applicants who qualify to join the housing register will be placed into one of four bands. Band 1 is the highest priority. Band 4 is the lowest priority.
13. The Council has placed Mr B’s application in Band 3, which is a medium priority for re-housing. This is because his current property is overcrowded by one bedroom. The Council’s assessment is in line with the Council’s allocations scheme and I have not seen any information to indicate the Council’s decision was affected by fault.
14. The Council has explained how it allocates properties and has provided advice to Mr B to increase his chances of successfully bidding for a suitable property. The Council has also explained Mr B can bid for houses and flats, including ground floor flats which may suit his needs. The information does not indicate the Council has treated Mr B unfairly.
15. So, we will not investigate this complaint.

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Final decision

16. We will not investigate Mr B’s complaint because part of the complaint is late and there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman