London Borough of Southwark (22 001 204)

Category : Housing > Allocations

Decision : Upheld

Decision date : 22 Nov 2022

The Ombudsman's final decision:

Summary: There was fault by the Council as it failed to place Miss X on the direct offer housing list. Miss X has not missed offers of housing, but her application has now been placed on the direct offer list and backdated to when police advice was received.

The complaint

  1. The complainant, who I shall call Miss X, complains the Council has not placed her on the list for direct housing offers after the police said she was at high risk.
  2. Miss X has explained that she worries for her families well being and needs to move to a new property quickly.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. 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

  1. I read the papers put in by Miss X and discussed the complaint with her.
  2. I considered the Council’s comments about the complaint and any supporting documents it provided.
  3. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

  1. Miss X complains the Council has not placed her on the list for direct offers of accommodation. In response to my enquiries, the Council has said that it was at fault. The Council said ‘it has been established there is information to confirm that it did agree a direct offer in March 2022, however because of communication breakdown this instruction was not sent to the relevant offers to action at the time.’
  2. Miss X has complained the Council said she could bid on 3 bedroom, as well as 4 bedroom properties but the bids were rejected. The Council has explained that only some 3 bedroom houses are suitable for her family, as it depends on the bedroom size and layout. I find no fault on this point, the Council has sent copies of adverts from a housing association property Miss X bid on, which did state that it would not accept bids from those who would over occupy the property from the start.
  3. The Council was at fault, as it did not place Miss X on the direct offer list in March 2022. The Council has now remedied the injustice, as Miss X is now on the Direct Offer list and this has been backdated to March 2022. Unfortunately, the Council has said there are still 39 households ahead of Miss X needing a 4 bedroom house so she has not missed any offers of housing due to the error. The Council will also consider her for a 3 bedroom property if suitable.

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Agreed action

  1. The Council has placed Miss X on the housing direct offer list, backdated to March 2022.

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Final decision

  1. I have completed my investigation of this complaint. This complaint was upheld and the Council has taken action to remedy the injustice caused to Miss X from its failure to place her on the direct offer housing list.

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Investigator's decision on behalf of the Ombudsman

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