London Borough of Lambeth (26 000 019)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 02 Sep 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s decision on eligibility for a discretionary disturbance payment. This is because the complaint is late. And, we cannot look at complaints about the management of social housing by a council in its role as a social landlord.
The complaint
- In 2018, the Council offered Miss Y alternative temporary accommodation after she received an eviction notice. She complains the Council refused to offer her a discretionary disturbance payment to support her with the moving costs as a secure tenant. Miss Y says the Council decided she did not qualify for the payment because she had been in temporary accommodation for ten years. She says, by law, she is entitled to the payment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss Y’s complaint is late because she did not complain to the Ombudsman until April 2026. I have seen no good reasons to exercise discretion to look at matters as far back as 2018. In reaching this decision, I have considered the significant medical condition that Miss Y was diagnosed with shortly after moving to her current accommodation. While this may account for some of the delay, I consider Miss Y could have complained to us sooner.
- In any event, if we were to exercise discretion on lateness, we could not investigate this complaint. The Council decided Miss Y was not eligible and it made its decision as a registered social landlord. The law does not allow us to investigate the Council’s actions here.
Final decision
- We cannot investigate this complaint about the Council’s decision on eligibility for a discretionary disturbance payment. This is because the complaint is late. And, we cannot look at complaints about the management of social housing by a council in its role as a social landlord.
Investigator's decision on behalf of the Ombudsman