Summary: We will not investigate this complaint about the Council’s refusal to allow Mr X to return to the housing register after he accepted s social housing offer. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council refusing to allow him to be placed on the housing register after he accepted an offer of a social housing tenancy in January 2022. He says the tenancy is not suitable for his family due to the number of stairs making it difficult for a child buggy and noise from a nearby railway line.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made a bid on a social housing vacancy when he was on the housing register earlier in the year. He agreed to be shortlisted for the property and subsequently was offered a viewing of the flat. He says he felt pressurised to accept the offer because he had no other offers at that time.
6. Mr X moved in to the flat and says he discovered a lot of outstanding housing repairs which he complained about in March. We cannot consider this complaint because he is a social housing tenant and disrepair falls within the remit of the Housing Ombudsman Service.
7. In September Mr X complained to the Council about the offer and asked to be placed back on the housing register because his family fund the number of stairs difficult to manage with a buggy for young children. He also complained about noise from a nearby railway line which he says affects his sleep and work.
8. The Council told him that he could not re-apply to the register unless there had been a change in his housing needs since he accepted the offer because he is classed as adequately housed under its allocations policy. It also confirmed that he was not under pressure to accept the flat because he could make one refusal of an offer before his application was sanctioned. It pointed out that he made a bid on the flat and viewed it which gave him an opportunity to make a decision two days after the viewing.
9. The Council says that if Mr X’s needs have changed, such as a medical condition which affects a family member and was not present when the offer was accepted, he may be considered to re-apply on medical grounds. It would not accept an application on the basis of the location or access to the flat which affects all the tenants in that and similar blocks and was considered suitable for his needs at the time of the offer.
10. There is insufficient evidence of fault I the way the property was offered to Mr X or the Council’s explanation of how its allocations policy works with regard to his application to the housing register.

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Final decision

11. We will not investigate this complaint about the Council’s refusal to allow Mr X to return to the housing register after he accepted s social housing offer. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman