Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the failure of the Council to make reasonable offers of accommodation despite her living in overcrowded accommodation for years. She says she is in the highest banding but cannot understand how other applicants are placed higher or have been allocated above her on the list.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she has been on the housing waiting list in her area for several years. She has a family of 2 adults and five children living in a two-bedroom flat. She is currently on the housing list in Band A which is the highest banding. However, she says only 9 properties of 3-4 bedrooms have been available to bid on so far.
6. She has asked the Council to explain why some vacancies are withdrawn from the availability list ad why there are other Band A applicants in higher priority sections of Band A.
7. The Council’s allocations policy places Miss X in Band A for severe overcrowding. Most applicants who are overcrowded Are placed in Band B. However, there are additional priority groups of Band A1-A3 who require urgent rehousing because they can no longer occupy their homes for social, medical or environmental reasons. Miss X does not fall into these categories. She did apply for medical priority but this was only assessed as Band C so it did not enhance her current priority.
8. The Council says the number of vacancies for larger houses is limited and offers are made on a basis of how long applicants in the same banding have been on the list and where they are prepared to move. It cannot advise how long Miss X may have to wait for a successful bid.
9. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman