Summary: We will not investigate this complaint about the Council’s decision Miss X is not eligible for a three bedroomed property. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council failed to rehouse her family despite her priority banding. Miss X says her family are not safe in their property and this is affecting their lives. Miss X would like to be eligible to bid on three bedroomed properties to increase the housing options available.

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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; or
• further investigation would not lead to a different outcome.

(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. Miss X submitted a housing application in 2021, asking the Council to rehouse her family due to safety concerns. The Council accepted this application as a management transfer and awarded Miss X band one priority to bid on two bedroomed properties due to her property being unsafe.
6. In 2023 Miss X complained to the Council her family had not been rehoused despite being band one priority. The Council advised Miss X to apply for director’s discretion as they were unlikely to meet her housing needs due to a shortage of two bedroomed properties in the borough.
7. Miss X applied for directors discretion, also known as the priority housing panel, to allow her to bid on three bedroomed properties to allow her to move.
8. The panel considered Miss X’s application and determined she was not eligible for a three bedroomed property.
9. Miss X submitted a stage two complaint, and the panel decision was upheld. The Council offered Miss X £400 to apologise for not managing her expectations about the availability of two bedroomed properties when it awarded her Band one priority. We would not achieve a different outcome if we investigated because the Council’s offer is sufficient to remedy any injustice in this respect.
10. We will not investigate Miss X’s complaint as there is no evidence of fault in the way the panel reached its decision, and the outcome is in line with the Council’s allocations policy.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman