Summary: We will not investigate this complaint that the Council has not provided the complainant with accommodation. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council has not provided alternative accommodation even though she has explained she is living in unsuitable and cramped accommodation. She wants alternative 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, 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 Mrs X and the Council. This includes the complaint correspondence, Mrs X’s housing application and medical evidence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

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My assessment

4. Mrs X applied to join the housing register in 2021. She explained she was pregnant, staying with family, and would be made homeless in September.
5. The Council processed the housing application but warned her that re-housing from the housing register takes many years. It invited her to make a homelessness application and suggested she consider housing in the private sector. The Council said it might be able to help her find private accommodation.
6. Mrs X did not make a homelessness application. She continues to stay with family. She says the conditions are cramped and unsuitable because she had twins. She says she needs an ideal home and could be made homeless at any time. Mrs X wants the Council to provide accommodation.
7. Mrs X is in band two on the housing register and is registered for a two bedroom home. In response to a draft of this decision she said one of her children has recently been diagnosed with a medical condition.
8. I will not start an investigation because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mrs X wants. Mrs X has not made a homelessness application so the Council has no duty to provide accommodation. If Mrs X becomes homeless she can make a homelessness application but her concern this may happen is not grounds for a higher band. Further, not being able to afford private rented accommodation, as Mrs X has said, is not a qualifying factor for a higher band.
9. The Council accepted a housing application but correctly warned Mrs X it will be many years before she makes a successful bid for housing. This is due to the shortage of social housing. The Council suggested Mrs X consider other options and explained it might be able to help her find accommodation in the private sector. I appreciate Mrs X is living in difficult conditions but this is not due to fault by the Council.
10. We have no power to re-house Mrs X or to tell the Council it must provide accommodation. Based on Mrs X’s current circumstances she will only be able to move if she makes a successful bid from the housing register or if she considers some of the other options suggested by the Council.
11. Mrs X can report the recent medical diagnosis for her child to the Council and ask for a review. It will be for the Council to decide if this new information changes Mrs X’s status on the housing register. It is unlikely, however, to result in immediate re-housing and might not result in an increase to the band.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman