The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate her complaint about her social housing landlord because we have no jurisdiction to do so.
The complaint
Mrs X complained about the Council bullying her in 2017 to accept her current housing association tenancy and failing to help her be rehoused since then. She also complains about the management of her current home by her social housing landlord with regard to drainage, disrepair and neighbour issues.
The Ombudsman’s role and powers
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) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says she was bullied into moving to her current home in 2017 when her former home was unsuitable due to flooding. She says she was moved under pressure from the Council and her housing association landlord into another property owned by her landlord in a different area. Since then, she says she has experienced disrepair at her home and problems with neighbours and the landlord.
Mrs X says her housing application should not have been cancelled in 2017 when she moved to another council area. The Council told her that a change of address requires a new application because of the change in circumstances. Mrs X did not re-apply until 2019. She has been trying to be rehoused in her original area since then without success. She says the Council has given her insufficient priority and she complained in 2020 about this. She received a reply in March 2021 but remained dissatisfied.
We cannot investigate complaints about the management of tenancies by social housing landlords so we cannot consider any actions by her housing association at her current or previous homes.
We will not exercise discretion to consider any actions by the Council because Mrs X was aware of these matters in 2017 and afterwards. She complained to the Council in 2020 and it was reasonable for her to complain to us within 12 months. She had previously told the Council that she would make a complaint to the Ombudsman but did not do so. There is no evidence to suggest the PA could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner. We cannot investigate her complaint about her social housing landlord because we have no jurisdiction to do so.
Investigator's decision on behalf of the Ombudsman