Summary: We will not investigate this complaint about the complainant’s waiting time to be re-housed. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, complains his quality of life is being affected because he is living in overcrowded conditions. Mr X wants a three bedroom property in a suitable area.

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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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code. Mr X now has an opportunity to comment on this draft decision. I will consider his comments before making a final decision.

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My assessment

4. Mr X lives in a two bedroom property with his son and daughter. His children use the bedrooms and Mr X sleeps in the living room. Mr X says the overcrowded conditions are affecting his quality of life. He wants the Council to offer a three bedroom property in an area which is suitable for his family. Mr X only bids for properties that are in an area which would not mean his children have to change schools and where he can access his support network. Mr X says the bulk of the advertised properties do not meet his needs.
5. Mr X is in band A on the housing register and is registered for a three bedroom property. The Council has encouraged Mr X to apply for properties in as many areas as possible.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Mr X needs a larger home and can understand why he only bids for properties that he feels are suitable. But, he is in the top band on the housing register and the Council can only offer a home in accordance with the lettings policy and if he makes a successful bid. The Council has given appropriate advice by encouraging Mr X to bid in as many areas as possible as this will increase the chance of placing a successful bid and may reduce his waiting time. I acknowledge Mr X says many of the properties are not suitable but the Council can only offer homes that become available and they may not be in the areas of his choice.
7. I also will not start an investigation because we cannot achieve the outcome Mr X would like. We cannot get him re-housed and we could not ask the Council to offer a property outside of the normal bidding process.

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Final decision

8. 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 wants.

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Investigator's decision on behalf of the Ombudsman