Summary: The Ombudsman will not investigate this complaint about the way the Council has treated the complainant since 2011 in relation to her housing application. This is because there is insufficient evidence of fault by the Council and because much of the complaint is late.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the way the Council has treated her since she applied for housing in 2011.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered the housing allocations policy. I invited Ms X to comment on a draft of this decision.

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What I found

Housing register

5. The average waiting time for a three bedroom home is 16 years.

What happened

6. Ms X joined the housing register in 2011. She was initially registered for a two bedroom home but, due to a increase in the size of her family, she is now registered for a three bedroom property. One of Ms X’s children has health needs. The Council awarded medical points but has since awarded overcrowding points because this is more beneficial. Due to her son’s health needs Ms X is registered for a category three mobility property which is on the ground floor or lifted, and where there are no internal stairs.
7. The Council has registered Ms X for a direct offer. The Council says Ms X only wants to live in the north of the borough. There are no suitable properties currently available in that area. Ms X may be offered a home more quickly if she is willing to consider other areas.
8. Ms X says she has been treated badly since 2011 and wants to be re-housed.

Assessment

9. I will not investigate events from 2011 to 2018 because the law says people should complain to the Ombudsman within 12 months of becoming aware of an issue that affects them.
10. I have considered how the Council has dealt with Ms X’s housing application in the last 12 months and I have not seen any suggestion of fault. The Council moved Ms X from the medical list to the overcrowding list because that was the most beneficial option for her circumstances. It has awarded the maximum overcrowding points and registered her for a mobility property which will be suitable for her son’s needs. It has agreed to make a direct offer, should a suitable property become available, and if Ms X has the most priority for that property.
11. Ms X has been waiting since 2011 and needs a larger home. However, she has been waiting for less than the average waiting time for a three bedroom property. And, her wait may be longer because she wants to live in a certain area and needs a home that will meet her son’s needs. The underlying issue is the severe shortage of social housing rather than fault by the Council.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman