Summary: We will not investigate this complaint about the Council’s failure to properly deal with a complaint about housing related matters. This is because the Council has agreed to conclude its complaint handling in line with our recommendations and an investigation at this stage would not be proportionate.

The complaint

1. X said the Council had failed to progress their housing register application and properly consider evidence about the suitability of her accommodation. X also said the Council had failed to consider their complaint about these matters in line with its complaint handling procedures, and this caused distress.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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.
6. I have only considered how the Council handled X’s complaint. I have not considered the main issues X has complained to us about.  

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My assessment

7. X asked for the Council to escalate their earlier complaint to stage two of the Council’s corporate complaint procedures, in September 2025. The Council’s corporate complaints procedure states, for housing complaints, the Council should provide a response within no more than 40 working days.
8. We wrote to the Council saying if we were to investigate it is likely we would find fault causing X an injustice, because of delays in the Council handling their complaint about the main issues X complained about. 

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Agreed action 

9. We agreed with the Council it would finalise its stage two complaint reply to X’s complaint, by 1 September. And at that point it would notify X of their right to escalate their complaint to the Ombudsman.

It is then open to X to complain to us if they remain unhappy with the Council’s final response to the main issues they are complaining about. 

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Final decision 

10. We will not investigate X’s complaint because we have upheld a complaint about complaint handling fault and the Council has agreed to provide a response by a set date.  

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Investigator's decision on behalf of the Ombudsman