Summary: We will not investigate this complaint about the length of time it is taking the Council to make a direct offer of housing to the complainant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X complains she is still waiting for the Council to make a direct offer of housing even though this was agreed in April. She says the Council has overlooked her medical evidence and she continues to live in unsuitable accommodation.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and Ms X’s previous complaint to us. I also considered our Assessment Code.

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My assessment

4. In a previous complaint to us, Ms X complained about the way the Council had processed her housing application. We upheld the complaint and asked the Council to apologise and pay £1000. The Council also backdated Ms X’s application. During the investigation we found Ms X had missed eight re-housing opportunities and could have been re-housed 11 months earlier.
5. Ms X is on the housing register in band A. This is the highest band.
6. People usually have to bid for housing and the Council offers the property to the person with the highest priority. Ms X can bid for homes and the Council has encouraged her to bid for houses and flats, and to widen the areas she will consider moving to.
7. In April, in addition to bidding, the Council said it would make a direct offer. This means that if a suitable property becomes available the Council will offer it to Ms X without her needing to bid. The allocations policy says the Council can make a direct offer if someone has been bypassed for a property in error.
8. In May Ms X complained to the Council that it had not made a direct offer. The Council explained there is a shortage of larger homes and it cannot make an offer until a suitable property becomes available. It said it does not know how long she will have to wait but she can also bid for a new home.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. As part of the remedy for the previous complaint we did not ask the Council to make a direct offer. But it decided to do so and this is allowed under the policy. The Council has explained it cannot make a direct offer until a suitable property becomes available and there is no way of knowing when that will happen.
10. The Council explained to me that not all properties can be made available for direct let and there may be other people waiting for a direct let for whom a property is suitable for their particular needs. It is impossible to say when the Council will be able to make a direct offer but Ms X can continue to bid and, as she is in the highest band, she is in a good position to be successful. As direct offers are made outside the bidding system there is no time limit on when an offer will be made. It would be impossible to set a limit because the Council has to wait for properties to become available. The Council has not overlooked Ms X’s medical evidence because she is in the highest band and her priority cannot be increased further.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman