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

The complaint

1. Mrs X complained about the Council refusing to allow her to be considered for a transfer to a 2-bedroom house from her current 1-bedroom flat. She says she has suffered from neighbour nuisance since she applied for rehousing and that the Housing Ombudsman found there had been fault in the way the Council dealt with this.

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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 how the organisation made its decision, 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 the information provided by the complainant and the Council. 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. Mrs X applied for a transfer to another council home because she said that she has had an ongoing neighbour problem in the flat which she currently rents from the Council. In 2021 the Council allowed Mrs X to apply to the housing register even though she had substantial rent arrears which would normally disqualify an applicant. It made a discretionary exception due to her neighbour problems.
6. She was awarded band 5 for a transfer and was eligible to bid on similar properties to her own which is for her 1-bedroom needs. In 2022 she was awarded moderate medical priority due to her health problems and moved up to Band 4.
7. Mrs X made a complaint to the Housing Ombudsman service about how the Council had handled her complaints about neighbour nuisance. The Housing Ombudsman upheld some of her complaint and made recommendations about how the Council should handle this type of complaint. This did not affect Mrs X’s housing application because that Ombudsman has no jurisdiction to consider allocations.
8. Mrs X still wants to be considered for a 2-bedroom house in her hometown but the Council says that she is ineligible under its allocations policy. As a single applicant she is only entitled to bid on 1-bedroom properties which meet her needs. 2-bedroom properties are for families with children and there is a high demand for houses of this size.
9. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. The Council has considered Mrs X’s needs for rehousing and she is only eligible for 1-bedroom due to her family size, regardless of the Ombudsman’s report or her tenancy situation.
10. 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.

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Final decision

11. We will not investigate this complaint about the Council’s assessment of Mrs 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