Summary: We will not investigate Mr X’s complaint about the loss of his Right to Buy as the complaint is late and there are no good reasons to consider it now. Mr X’s complaints about repairs and his tenancy fall outside our remit.

The complaint

1. Mr X complains about delays and poor handling of housing matters by the Council, including repairs to a gate and roof and delays in updating his tenancy agreement to add household members.
2. Mr X also complains these delays prevented him from progressing a Right to Buy (RTB) application, resulting in the loss of the opportunity to purchase his home.
3. He seeks financial compensation for this loss, as well as for distress and inconvenience.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. We cannot investigate Mr X’s complaints about repairs and delays in updating his tenancy, as these relate to the Council’s role as a social housing landlord. These matters fall within the jurisdiction of the Housing Ombudsman.
10. Mr X also complains that delays affected his ability to exercise the Right to Buy (RTB). While RTB falls within our remit, the Council said in its June 2024 response to Mr X’s complaint that the only recorded RTB application was made by Mr X in 1999 and this was cancelled due to lack of progress. It said there was no evidence of a recent application from Mr X. The Council also advised Mr X how to reapply now if he wished.
11. We usually expect people to complain to us within 12 months of the events they are complaining about and whilst we can exercise discretion to investigate late complaints. The Council issued its complaint response in June 2024, and the Right to Buy issues date back to 1999. I have seen nothing to suggest Mr X could not have brought his concerns to us earlier, so I will not use discretion to investigate this complaint now.

Back to top

Final decision

12. We will not investigate Mr X’s complaint as it is made late and there are no good reasons to exercise discretion to consider it now. Other parts of Mr X’s complaint fall outside our remit to consider.

Back to top

Investigator's decision on behalf of the Ombudsman