Summary: The Ombudsman will not investigate Miss X’s complaint that the Council wrongly assessed her priority under its letting policy. This is because we would be unlikely to find fault and it is unlikely further investigation will lead to a different outcome.

The complaint

1. Miss X complains the Council wrongly assessed her priority under its letting policy. She says she should be able to bid on properties under the ‘Urgent’ band.

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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 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 considered the information provided by Miss X in her complaint, the Council’s responses to her and the Council’s lettings policy.
4. I sent a copy of my draft decision to Miss X. I considered her comments before making a final decision.

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What I found

Background

5. Miss X is a Council tenant. She cannot currently live in her home because the Council needs to carry out major works. The Council has offered Miss X alternative accommodation during the works.
6. As part of temporary moves for repair work, the Council says it places applicants in the ‘Urgent’ band of its lettings scheme so it can find them a suitable property. It does not allow tenants to bid on other properties using this band if they will be able to return to their original property.
7. Miss X is not satisfied with the temporary property the Council has offered. She says she is entitled to 100 points under the Council’s letting scheme and should be able to bid on other properties while in the ‘Urgent’ band.
8. The Council has told Miss X that she can bid on properties while she is waiting for it to complete the works, but that she will be placed in the ‘General’ band instead.
9. Miss X is clear that she is complaining only about her housing priority and ability to bid on properties. She is taking action separately about the disrepair.

Analysis

10. The Council’s letting policy says Council tenants who cannot return to their homes due to disrepair are awarded 100 points and placed in the ‘Urgent’ band. It is clear from the Council’s policy that this applies to tenants who will never be able to return to their homes. The Council says Miss X will be able to return to her home once is completes the works.
11. For tenants who must move temporarily, the policy says the Council will find alternative accommodation while it completes the repairs. The Council has done this.
12. I appreciate Miss X disagrees. However, the evidence shows the Council has applied its letting policy correctly. We would be unlikely to find fault with the Council’s decision that Miss X is not entitled to ‘Urgent’ status. The Council has told Miss X it will reactivate her account and allow her to bid in the ‘General’ band so it is unlikely further investigation will lead to a different outcome.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because we would be unlikely to find fault and it is unlikely further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman