Summary: We will not investigate Miss B’s complaint about the Council’s delay in dealing with her request for a further review of its decision to discharge its housing duty to her. This is because it is a late complaint and there are not sufficiently compelling reasons for us to consider it now.

The complaint

1. The complainant, Miss B, complained about the Council’s delay in dealing with her request for a further review of its decision to discharge its housing duty to her.

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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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered the information Miss B provided and the Council’s responses to her complaint. Miss B has had an opportunity to comment on my draft decision.

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What I found

6. When the Council wrote to Miss B in January 2021 it said it had accepted a housing duty in November 2017. It agreed to make one final offer of accommodation. Miss B told us she did not bid for the property the Council offered to her but she felt compelled to accept it. The Council then decided to discharge its housing duty to her.
7. Miss B had the right to ask the Council to review its decision. In their review decision letters, councils must advise applicants of their right to appeal to the county court on a point of law, and the period in which to appeal. Applicants can also appeal if a council takes more than the prescribed time to complete the review. Miss B used her right to request a review. In May 2019 the Council upheld its original decision. Miss B told us in October 2019 she complained to the Council about what had happened but it took far too long to respond to her.
8. In its response to Miss B’s complaint, the Council said, following a discussion between Miss B and a council officer in September 2020, it agreed to re-consider its May 2019 decision. In January 2021 the Council decided to use its discretion and make one full and final offer of accommodation to Miss B in line with its current allocations policy.
9. Miss B has not made her complaint to us in time because she has been aware of the issues she is complaining about for more than 12 months before she contacted us. There are not sufficiently compelling reasons for us to exercise discretion to consider this late complaint. Miss B could have made a formal complaint to the Council, and then to us, sooner. Also, she had the right to appeal to the county court on a point of law if she thought there were grounds to do so. A complaint to us is not a substitute for the appeal rights the law provides.

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Final decision

10. We should not investigate this complaint. This is because it is a late complaint and there are not sufficiently compelling reasons for us to consider it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman