Summary: We will not investigate this complaint about the Council’s decision to disqualify the complainant from the housing register as there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms B complains the Council has failed to consider her appeal against its decision to disqualify her from the housing register. Ms B says her family has lived in fear for two years following multiple antisocial behaviour incidents. Ms B would like the Council to rehouse her family.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Following incidents of antisocial behaviour, the Council considered Ms B’s case and awarded her priority band one. Ms B had 12 weeks to bid on a suitable property. The Council did not note any restrictions on the location of suitable properties for Ms B and her family.
6. Ms B bid on a property and was successfully matched. The Council offered this property to Ms B. On visiting the property Ms B determined the location of the property was not suitable and asked the Council to withdraw the offer.
7. The Council’s allocation policy details its one offer policy. Under this policy, where an applicant refuses an offer of a suitable property, the applicant will be disqualified from the housing register for a period of 12 months. Ms B’s application falls within the Council’s one offer policy.
8. The Council does not offer a right of appeal against its one offer policy however the Council gave Ms B the opportunity to appeal the suitability of the offered property. The Council considered Ms B’s appeal and confirmed its decision the property was suitable.
9. There is no evidence the Council has failed to follow its allocations policy correctly when disqualifying Ms B from the housing register.

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Final decision

10. We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman