Summary: Ms X complains that despite being statutorily overcrowded, the Council has not moved her to larger accommodation. We will not investigate the complaint because there is no evidence of fault in how the Council has dealt with her case sufficient to warrant investigation.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has failed to give her family priority to a move to larger accommodation despite being statutorily overcrowded.

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The Ombudsman’s role and powers

2. We investigate 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X, including the Council’s responses to her complaint.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Ms X the opportunity to comment on my draft decision.

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My assessment

6. Ms X and her two children live in a one-bedroom flat and need a move to a three-bedroom property to address their overcrowding. In accordance with Council policy, she has been awarded 200 points because her household lacks two or more bedrooms.
7. Ms X complained to the Council because she has been waiting a year for a move. The Council responded by explaining that as demand far outstrips supply, there is a wait for 3-bedroom properties. It explained that most of its social housing is allocated via its bidding website and it gave Ms X advice on how to increase her chances of submitting a successful bid. It told Ms X that it would contact her to give her advice on the options available to her.
8. While I understand Ms X’s frustration at having to wait to move to larger accommodation, I have seen no evidence to suggest the Council has not properly followed its housing policy. Ms X has been awarded the 200 points her overcrowding attracts and the Council has explained how she can best bid for appropriate properties.
9. Ms X complained that she was wrongly allowed to bid for 2-bedroom properties. This occurred because the Council did not place the required restriction on the properties concerned. However, it has reminded staff to use the restrictions for each advertisement to prevent future misunderstandings. However, as neither the fault nor the injustice caused to Ms X is significant, this is not a matter we will investigate.

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Final decision

10. We will not investigate this complaint. This is because there is no evidence of fault in how the Council has dealt with her case sufficient to warrant investigation.

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Investigator's decision on behalf of the Ombudsman