London Borough of Hammersmith & Fulham (19 015 140)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 11 Feb 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision to offer her a two-bedroom property instead of a three-bedroom property as part of the Housing Allocations scheme. This is because Mrs X has advised this matter has now been resolved.

The complaint

  1. Mrs X complains the Council offered her a two-bedroom property under the Housing Allocations scheme.
  2. Mrs X advises that she is a single parent of an under-16 and a carer for her mother. Mrs X advises that both have unstable mental health and her mother also has physical health problems.
  3. Mrs X has advised that she wants the Council to offer her a three-bedroom property.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I have considered Mrs X’s complaint to the Ombudsman and the information she provided. I have written to Mrs X who responded to advise that the matter is resolved.

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What I found

  1. Mrs X applied for a property under the Housing Allocations scheme. The Council offered Mrs X a two-bedroom property.
  2. Mrs X appealed this decision as she is living with her mother and wants this to continue due to her mother’s ill-health.
  3. The Council assessed Mrs X’s appeal and determined that it is not essential for Mrs X’s mother to live with her.
  4. The size of property offered by the Council as part of a Housing Allocation scheme depends on the number of qualifying people within an application.
  5. The Council outlines within its policy who is a qualifying person. The Council reviewed Mrs X’s application and determined that Mrs X and her son are qualifying people. The Council’s medical advisor considered Mrs X’s mother’s health concerns and determined that Mrs X’s mother is not a qualifying person.
  6. The Ombudsman does not act as an appeal body. We cannot intervene simply because a council makes a decision that someone disagrees with. We have to consider whether there was fault in how the decision was made. In this case the Council’s decision not to include Mrs X’s mother within the housing application is consistent with the Housing Allocation scheme eligibility and qualifying rules. There is no evidence of fault in the decision-making process.
  7. The Council confirmed that Mrs X’s mother can still move in with them in the future in any housing assigned. But Mrs X’s housing needs only entitle her to a two-bedroom property.
  8. Mrs X has now confirmed that she has resolved the matter to her satisfaction.

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Final decision

  1. My decision is that the Ombudsman should not investigate this complaint. This is because Mrs X has advised this matter has now been resolved.

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Investigator's decision on behalf of the Ombudsman

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