Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. This is because there is insufficient evidence of fault which would warrant an investigation by the Ombudsman.

The complaint

1. Mr X complained about not being offered a suitable property or having a successful did since he applied to the housing register in early 2020. He says his son has medical needs and his family is overcrowded in their current Council home.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code and the Council’s Housing Allocations Policy.

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My assessment

5. Mr X applied to the Council’s housing register in 2020. He is living in 2-bedroom Council property and says he needs a four-bedroom property as he is currently overcrowded and one of his children has medical needs. The Council initially assessed him as being in Band A mobility 3 group. This was amended to the higher mobility 1 group following an assessment by an occupational therapist.
6. Mr X says he has only been able to bid on properties which been considered unsuitable for his needs and not possible to adapt by the Council. He says he should be in the Banding A+Emergencies/Underoccupiers. The Council told him that he does not have sufficient urgent medical needs for A+ banding and he is not under occupying property which could be released for housing. It says there are other families with the same needs but longer time on the list ahead of him and 4-bedroom vacancies are very rare.
7. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. This is because there is insufficient evidence of fault which would warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman