The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing request. This is because some of it was a late complaint and there are no good reasons to exercise discretion to consider it now. Additionally, there is not enough evidence of fault, in how the Council made its decision, to justify an investigation.
The complaint
Miss X complained the Council did not properly consider her transfer application. Miss X stated that she required the move due to lack of notification for pending major works, noise nuisance, anti-social behaviour in the area and structural issues with the building.
Miss X said this caused her undue distress and negatively impacted her mental health.
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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)
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 stated that the Council didn’t notify her of pending major building works prior to her accepting the tenancy. Miss X said she would not have accepted the tenancy had she known about this. Miss X has a letter dated October 2022 stating that major works would be carried out. The Council stated as this issue was known to Miss X in 2022, they are unable to review the matter.
The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking. I will not be investigating this complaint as it is a late complaint, and I have not seen any evidence of why it was not raised to us within 12 months.
Miss X complained about noise nuisance and anti-social behaviour in the area. The Council recorded the complaints and investigated the matter involving the Police Service but said there was insufficient evidence for any enforcement action or to say the noise was a statutory noise nuisance.
Miss X complained her home was so inhabitable she should be moved and the available evidence shows the Council considered her respective complaints and decided her property was safe and habitable based on its investigation.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
In this case, I have seen no evidence of fault in how the Council considered Miss X complaint and decided her home was safe and habitable. It investigated the matter, involved other agencies when necessary, and carried out repairs where identified.
Final decision
We will not investigate Miss X’s complaint because some of it was a late complaint and there are no good reasons to exercise discretion to consider it now. Additionally, there is not enough evidence of fault, in how the Council made its decision, to justify an investigation.
Investigator's decision on behalf of the Ombudsman