The Ombudsman's final decision
Summary: We will not exercise discretion to investigate Miss X’s complaint about the Council’s lack of assistance in moving when she was evicted. This was received outside the normal 12-month period for receiving complaints and there is no evidence to suggest that she could not have complained to us sooner. We will not investigate her complaint about the refusal of her Discretionary Housing Payment because there is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Councils failing to give her sufficient assistance when she had to move from her home following eviction in early 2020. She applied for Discretionary Housing Payment and she says this was unreasonably refused.
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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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
Miss X says she complained about the Council’s lack of help with moving following her eviction in 2020. The Council investigated her complaint at both stages of its complaints procedure and did not uphold the complaint. It advised her to complain to us in November 2020 when the final decision was issued.
She did not complain to us until February 2022 which is outside the 12-month period for accepting complaints. We will not exercise discretion to consider the complaint now because there is no evidence to suggest that she could not have complained to us sooner when advised to do so.
Miss X also complained about the Council’s decision to decline her application for DHP which she made in 2020. The Council considered her application and gave her an opportunity to ask for a review of the decision and subsequently to have a non-statutory appeal. She applied for both and the decision was not changed because she was considered not to be eligible.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. Instead, we focus on the process by which the decision was made. In this case there was no fault in the procedure and Miss X was given the required opportunity to challenge the initial decision.
Final decision
We will not exercise discretion to investigate Miss X’s complaint about the Council’s lack of assistance in moving when she was evicted. This was received outside the normal 12-month period for receiving complaints and there is no evidence to suggest that she could not have complained to us sooner. We will not investigate her complaint about the refusal of her Discretionary Housing Payment because there is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman