Sandwell Metropolitan Borough Council (25 020 712)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 28 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s actions during an eviction. The complaint is late and there is no good reason to exercise discretion to investigate it now.
The complaint
- Ms Y complains about the Council’s actions during her tenants’ eviction. She says the Council supported her tenants to remain in the property, failing to support her as a landlord during the eviction process.
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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Ms Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms Y complained to the Council in November 2023 about its actions during her tenants’ eviction. Ms Y says she informally contacted the Council in October 2022 for support. Ms Y raised concerns about the Council’s lack of compassion towards her as a landlord and says it supported her tenants to remain in the property.
- We expect a person to complain to us within 12 months of being aware of a matter and Ms Y did not raise his complaint with us until December 2025. This complaint is therefore late.
- The Council responded to Ms Y in July 2025 and incorrectly signposted her to the Housing Ombudsman. However, even if Ms Y came to us at this time, the complaint would still be considered late.
- The more time passes between the events and a complaint, the more unlikely it is we can investigate them effectively, gather reliable evidence and reach a sound decision. In older cases we also may not be able to achieve a meaningful remedy because too many circumstances have changed. We are often unable to be able to show why events occurred or understand who was responsible.
Final decision
- We will not investigate Ms Y’s complaint because it is late and there is no good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman