Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing register application. Part of the complaint is late and it is reasonable for Ms X to ask for a review of the Council’s recent decision if she disagrees with it. We will not investigate her complaint about the Council’s handling of her homelessness application. The Council is carrying out a review of the suitability of the property offered to discharge its housing duty. Ms X will have court appeal rights if she disagrees with the review decision and it is reasonable for her to exercise that right.

The complaint

1. Ms X complained about the Council’s handling of her housing register and homelessness applications, which she said had pushed her family into crisis.

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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)
5. 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 or continue 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))

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Housing register application

8. The Council accepted Ms X’s housing register application in 2019. It awarded band B in 2023 following a welfare assessment. Ms X complained the Council had not properly considered safeguarding and medical evidence when deciding to award band B. She considers it should have awarded band A.
9. Ms X asked the Council to review its decision to award band B, and the decision was upheld on review.
10. We expect people to complain to us within 12 months of the events complained about. Ms X complained to us in September 2025. There is no evidence she could not have complained to us earlier about the 2023 decision and no good reason to consider this part of the complaint further now.
11. Ms X also complained about the Council’s refusal to consider her application at its welfare assessment panel with a view to awarding band A or making a direct offer of housing. In its complaint response, it said it could not review her application whilst she was under threat of eviction. Housing register applications are assessed on the basis of the applicant’s current property, and a change of address can mean a change in priority banding. There were, therefore, practical reasons for not carrying out a review at that stage. There is insufficient evidence of fault in relation to this part of the complaint to justify investigating further.
12. Ms X subsequently signed a new tenancy and submitted further evidence. The Council has recently reviewed her application and has amended the bedroom need from 4 to 5. Ms X has the right to ask for a review if she disagrees with that decision. It is reasonable for her to exercise her review rights.

Homelessness application

13. Ms X made a homelessness application in July 2025 because she was being evicted from her private rented sector (PRS) property. The Council initially accepted a duty to prevent her homelessness and later accepted a relief duty.
14. The Council considered the property she was already living in was suitable for the household and agreed to pay part of the rent as part of an agreement with the landlord to offer a new tenancy to Ms X. It also agreed the landlord would carry out some works to address disrepair in the property.
15. Ms X complained the Council was putting undue pressure on her to accept PRS, but the Council explained there would be a long wait for social housing due to a shortage of supply, particularly for larger homes.
16. Ms X also raised concerns about the suitability of the current property, which she said did not meet the household’s needs. Ms X reluctantly signed a new tenancy in November 2025 but asked the Council to carry out a review of the suitability of the property. The Council told us the review has not yet been completed and an extension to the deadline for issuing that decision has been agreed with Ms X.
17. If Ms X is unhappy with the outcome of the review, she will have court appeal rights, and it is reasonable for her to exercise those rights. This is because we could not decide whether the property id legally suitable for her, nor could we quash any decision by the Council to end its housing duty.

Complaints handling

18. Ms X also complained about the Council’s response to her complaint at stage 2 of its complaints process. We do not usually investigate complaints handling unless we are also investigating the underlying complaint. There are no good reasons to do so in this case. In any case, in my view, the stage 2 response addressed the issues raised and sought to clarify various points for Ms X and there is insufficient evidence of fault to justify further investigation.

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Final decision

19. We will not investigate Ms X’s complaint. Part of the complaint is late and it is appropriate for Ms X to exercise her rights of review and appeal.

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Investigator's decision on behalf of the Ombudsman