Summary: Ms X complained the Council offered her a property at short notice before retracting the offer due to an admin error. Ms X states the Council’s actions caused her and her son Y great distress and inconvenience. There was fault when the Council offered Ms X the property by mistake. This fault caused Ms X and Y inconvenience and financial loss. The Council apologised to Ms X, increased her priority banding to its highest band and offered her a £200 gesture of goodwill. The Council has made changes to its system and reminded its staff of the importance of paying attention to detail when dealing with housing issues. These were satisfactory actions for the Council to take. The fault Ms X experienced has been remedied.

The complaint

1. Ms X complained the Council offered her a property, prompting her to sell her furniture and prepare her autistic son Y to move house. The Council then told her it offered the property in error and withdrew its offer.
2. Ms X said she and Y have experienced significant inconvenience and distress due to the Council’s actions.

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The Ombudsman’s role and powers

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I made enquiries of the Council and considered the information it provided. This included correspondence shared between Ms X and the Council.
5. I wrote to both the Council and Ms X with the details of the draft decision. I considered the comments I received before I wrote the final decision.

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What I found

The Council’s allocations policy

6. The Council allocates accommodation via a choice-based lettings scheme. Applicants are placed in one of four priority bands from D (the lowest) to A (the highest).
7. The Council advertises available properties and applicants apply for them. Within the priority bands, the length of time an applicant has been wating decides who receives the property.
8. In the following very exceptional circumstances, the landlord may withdraw an offer of accommodation:
• Where an error has been made in the advertising criteria;
• Following verification, the applicant does not qualify for the property; and
• Where the applicant does not meet a specific letting policy of the landlord
9. The above is not an exhaustive list.

What happened

10. Ms X lives with her teenage daughter and young son Y in a 2 bedroom flat. Y has been diagnosed with ADHD and requires routine and consistency.
11. Ms X successfully bid for a three-bedroom property on 24 June 2021. Ms X discussed the property with the Council in early July to discuss when she could move in. Ms X sold furniture and prepared her son Y for the move.
12. On 14 July 2021, the Council wrote to Ms X and told her it offered her the property by mistake. The Council said the property should have been offered to someone else higher on the waiting list.
13. Ms X complained to the Council on 16 July 2021. The Council responded at Stage 1 of its complaints process on 29 July 2021. The Council apologised to Ms X for the error and increased her housing band from band B to band A, its highest priority band.
14. Ms X escalated the complaint. The Council responded at Stage 2 on 26 August 2021. The Council again apologised and offered Ms X a goodwill award of £200 to put towards future removal costs.
15. Ms X went on to successfully bid for a property in March 2022.
16. Ms X brought her complaint to the Ombudsman as she was unhappy with her new property and said the Council pressured her into accepting it.
17. In response to the investigation the Council has confirmed it has changed its systems and reminded its staff to be more vigilant when processing housing applications to make sure the error which caused this situation cannot happen again.

Findings

18. Ms X has complained the Council’s actions caused her and her son Y significant inconvenience and distress. The Council told Ms X its allocations policy allows for the withdrawal of a housing offer. The policy allows the Council to withdraw offers of housing under specific circumstances which do not apply to this situation. The Council offered Ms X the property by mistake. This was fault. This caused Ms X and her family inconvenience and disappointment. The Council identified the error in under three weeks, apologised, placed Ms X on its highest priority banding and offered her £200 for the inconvenience. These were satisfactory and reasonable actions for the Council to take. The faut Ms X experienced has already been remedied.

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Final decision

19. The Council was at fault when it offered Ms X a property in error. The Council has put forward a satisfactory remedy to address the fault Ms X experienced. I have completed the investigation.

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Investigator's decision on behalf of the Ombudsman