Summary: We will not investigate this complaint about the complainant’s housing application because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like. In addition, part of the complaint is late and there were review rights the complainant could have used.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has not provided a home which is big enough for his family. He wants the Council to offer a suitable property or to place him in band one on the housing register. Mr X also wants compensation.

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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, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for an organisation review or appeal.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. Mr X lives in a three bedroom house with his wife and six children. The Council provided the home in 2017 under a homelessness duty and told Mr X he had 21 days to ask for a review if he thought the property was unsuitable.
6. Mr X is in band two on the housing register because he needs another two bedrooms. Mr X is registered for a five bedroom property but can bid for four and five bedroom homes. The Council has large properties but they do not often become available.
7. Mr X says the house is small and the lack of space has a negative impact on the family’s well-being. He says he is statutorily overcrowded and the space standard has been breached. Mr X says the Council does not care and has not registered all his children on the application. He says the Council has offered four bedroom properties to families with two children. Mr X says the Council should not have offered the house in 2017 because it was unsuitable.
8. The Council confirmed Mr X is in the correct band because he lacks two bedrooms. It explained there is a lack of larger homes and suggested Mr X consider other options. The Council offers homes in accordance with the allocations policy and would not offer a family of four a four bedroom home.
9. The Council told me it has checked and Mr X is not statutorily overcrowded and he qualifies for a five bedroom property because he has six children; he can also bid for four bedroom homes.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council placed Mr X in band two which is the correct band for families lacking two bedrooms. Mr X does not qualify for band one. The Council has registered all of Mr X’s children which is why he can bid for a five bedroom home. The Council can only offer a home if Mr X makes a successful bid. I appreciate this is taking time but this is due to the shortage of social housing rather than fault by the Council. The Council has acted appropriately by suggesting Mr X consider other options and by explaining it would not offer a four bedroom home to a family of four. The Council also told Mr X he can bid for four or five bedroom homes.
11. I will not investigate Mr X’s complaint that the Council should not have offered the property in 2017. This is because it is a late complaint and Mr X could have used his review rights in 2017 if he thought the property was unsuitable.
12. I also will not investigate this complaint because we cannot achieve the outcome Mr X would like. The Council can only offer a new home if Mr X places a successful bid. We cannot offer him a home or tell the Council it must offer a home outside of the bidding process or place Mr X in band one when that would be contrary to the policy.
13. Mr X has alleged the Council should have placed him in band two sooner. And he says the Council made a mistake with the date of birth of one of his children. We can only consider issues that have completed the Council’s complaints process. If Mr X wants to pursue these issues he will need to raise them as complaints with the Council. If he is dissatisfied after the complaints process has been completed, he can then make a new complaint to us about those issues.

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Final decision

14. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome Mr X would like. In addition, part of the complaint is late and could have been addressed through the review process.

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Investigator's decision on behalf of the Ombudsman