Summary: Miss X complained about the Council preventing her from applying for vacant houses and limiting her bids to certain types of property on the housing waiting list. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council’s decision to restrict the types of property which she can bid on from the housing waiting list. She says she was told that she was ineligible to bid on a two-bedroomed house because it was unsuitable for her needs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response.

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What I found

4. Miss X lives in a new-build property the Council says is suitable for her needs because it has a ground floor wet room. She wants to bid for houses which she would prefer for her, her son and her dog. She recently tried to bid for a two bedroomed parlour house but the Council told her that she was not eligible because it had a stairlift and she needs ground floor level-access accommodation.
5. The Council told her that she could not bid on three-bedroomed houses because she would be under-occupying the property which was needed for larger families. The Council says whilst it will not prevent Miss X from bidding on 2-bedroom houses which are suitably adapted it is unlikely that she would receive an offer due to the demand from larger families with higher needs.
6. 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 a council’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. We will not uphold a complaint if it turns out that the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman