Vale of White Horse District Council (18 016 234)

Category : Housing > Allocations

Decision : Not upheld

Decision date : 30 Apr 2019

The Ombudsman's final decision:

Summary: Mrs X complains the Council has wrongly refused to allow her family to bid for a house with an extra bedroom. The Council has not considered Mrs X’s complaint through its complaint procedure. We will therefore not investigate Mrs X’s complaint.

The complaint

  1. Mrs X complains the Council has wrongly refused to allow her family to bid for a house with an extra bedroom. She says it has failed to properly consider the family’s medical needs to move to a three bedroomed house.

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The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  2. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

  1. I spoke to Mrs X about her complaint.
  2. I considered information Mrs X and the Council sent.
  3. I gave the Council and Mrs X the opportunity to comment on my draft decision.

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What I found

  1. In January 2019 Mrs X applied to the Council housing register asking it to award her priority to allow her to bid for properties with an extra bedroom. This was because of medical needs affecting their eldest son, Mrs X, and her husband.
  2. The Council considered the application. It considered medical information Mrs X provided. It decided not to approve their request for banding.
  3. Mrs X complained to the Council at the end of January. She provided me with screen shots showing the Council complaint team said it would pass her complaint to the relevant service team and that an officer would look into the complaint and be in contact shortly.
  4. The Council considered Mrs X’s complaint as a request for review of its decision. Mrs X sent a letter on 8 February titled “Re Bedroom eligibility – Review of decision”. This explained the Council had considered Mrs X’s circumstances and the evidence she had provided. It said it could not let her bid for three bedroom properties. It told her she should provide more information when a decision on her son’s disability living allowance application had been made.
  5. The Council told us that on 14 March it asked Mrs X if she wanted to go on to make a formal complaint. It says it has not had a response.
  6. The Ombudsman normally expects complaints to have completed all stages of a council complaint procedure before we investigate those complaints. Mrs X has not completed the Council’s complaint procedure.
  7. Since my draft decision, the Council has confirmed to Mrs X she can complain through its complaint procedure which she has now decided to do. If Mrs X is not satisfied with the Council’s response to her complaint she can make a complaint to the Ombudsman once she has completed the Council’s procedure.

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Final decision

  1. I have stopped my investigation as Mrs X has not completed the Council’s complaint procedure.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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