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

The complaint

1. Mr X complained about not being offered housing for 8 years on the waiting list. He says that his allocated points kept changing without proper explanation. When he accepted a Council tenancy, he says that he has had problems with the location and a barking dog in neighbouring property.

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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)
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)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says he was on the housing register for 8 years before he made a successful bid on a property. During that time, he says the Council placed his application on different points levels and he lost waiting points when his application was re calculated.
8. When he complained about this the Council told him that when applicants have changes of circumstances, such as a change of address, they must notify the Council and complete a new application. This is because priority points are awarded according to the circumstances at the address where the applicant is living and it is a requirement to notify it of any changes to ensure that housing is fairly allocated.
9. Mr X moved from his parents to his sisters home and back again over time. The Council also made enquiries about other addresses he has been associated with, some outside the borough which would have made him ineligible for the housing register. The Council’s housing allocations policy makes it clear that any changes must be notified. We 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.
10. We cannot consider any details of Mr X’s previous points awards because they were more than 12 months from when he complained to us. There is no evidence to suggest that he could not have complained to us sooner.
11. Mr X made a bid on a flat in February 2023 and accepted the tenancy. Since his tenancy started, he has complained to the Council landlord about barking dogs and lack of a lift. We have no jurisdiction to investigate complaints about tenancy management issues from social housing tenants.

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Final decision

12. We will not investigate about the Council’s assessment of Mr X’s housing applications. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman