Summary: We will not investigate this complaint about the housing register because there is insufficient evidence of injustice and because we cannot investigate Housing Associations.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council delayed updating her housing application and would not allow her to bid for a new 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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Housing Associations. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

5. Ms X was living in supported accommodation and was in band two on the housing register. She qualified for band two because she would be moving on from supported accommodation. In March 2019 she moved to her current home. Unfortunately, her new landlord, a Housing Association, has not updated Ms X’s status to show that she accepted the offer.
6. Ms X contacted the Council in 2020 and 2021. The Council treated these contacts as a change of circumstance, rather than a new application, because her status on the system did not show that she had accepted the offer. It also meant that Ms X wrongly remained in band two and could not bid for a new home.
7. The Council has been in contact with the Housing Association to ask it to update Ms X’s status. It has apologised to Ms X for not recognising the problem earlier and for not explaining that the problem was caused by the inaccurate housing status. The Council placed Ms X in band two from February 2022 on medical grounds and it continues to liaise with the Housing Association. Once the situation with the Housing Association has been resolved the Council will revise Ms X’s application to show band three from August 2020 and band two from February 2022.
8. I will not start an investigation for the following reasons.
9. I cannot investigate Housing Associations. Ms X can make a complaint to her landlord about any failure in updating her housing status or any delay in updating her status.
10. I also will not start an investigation because there is insufficient evidence of injustice. If the Housing Association had updated Ms X’s status in 2019 then, when Ms X contacted the Council in August 2020, the Council would have treated her contact as a new application and placed her in band three for lacking one bedroom. She would not have qualified for band 2 as she had already moved on from supported accommodation. At the same time, Ms X would have been able to bid for a new home. However, given the shortage of social housing, it is very unlikely Ms X would have placed a successful bid in the period when she has been unable to bid. This is because band three is a relatively low priority band and there are many people waiting for a two bedroom home. Even though Ms X is now in band two she may, unfortunately, find that she faces a long wait for a two bedroom home.

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Final decision

11. I will not start an investigation because we cannot investigate Housing Associations and there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman