Summary: We will not investigate this complaint about various housing issues. This is because parts of the complaint are late, there is insufficient evidence of fault by the Council, and because there are review rights the complainant could use.

The complaint

1. The complainant, Mr X, complains about various housing issues. This includes a complaint about historic rent arrears, that the Council delayed activating his housing application, that his priority on the housing register is wrong, and a complaint about the condition of a recent home.

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The Ombudsman’s role and powers

2. 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, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

5. Mr X ended his Council tenancy in 2016. He has not been a Council tenant since 2016. There were rent arrears linked to the account which Mr X complains about. The Council says the arrears were written off in 2016 but he still has other housing related debts linked to that tenancy. We will not investigate any complaint Mr X has about the arrears because it is a late complaint. I have not seen anything to suggest there is a good reason to investigate matters Mr X has been aware since 2016.
6. Mr X says the Council told him in 2018 that it would reactivate his housing application but it did not do so until 2024. In 2019 and 2021 the Council told Mr X he needed to clear his housing related debts, or make a payment plan, if he wanted to join the housing register. I will not investigate this part of the complaint because it is late. Mr X could have complained in 2019 or 2021 if he disagreed with the Council’s response. I have not seen any good reason for Mr X to delay complaining to us until 2024. Further, there is insufficient evidence of fault by the Council because it explained what Mr X needed to do and there is nothing to suggest it delayed activating the application.
7. Mr X has a current housing application and is in band C. Mr X is unhappy the Council has placed him in band C. If Mr X wants to challenge the band he can ask the Council for a review. It is reasonable for Mr X to ask for a review because that is the correct way to challenge a decision about banding.
8. Mr X complains about the condition of his current or recent property. The Council is not Mr X’s landlord and has not been since 2016. There is no suggestion of fault because the Council has not been responsible for the condition of any property since Mr X ended his tenancy in 2016. Mr X could complain to the landlord of the property he has concerns about.

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Final decision

9. We will not investigate this complaint because parts are late, there is insufficient evidence of fault, and because Mr X can use his review rights.

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Investigator's decision on behalf of the Ombudsman