Summary: We will not investigate this complaint about the Council’s housing allocation because there is not enough evidence of fault.

The complaint

1. Mr X complains:
• He had been in Band 1 on the Council’s housing register for three years yet has only been able to bid on three properties;
• About his unsuccessful bids on three properties;
• About the information a housing association landlord requested from him before he could view a property.

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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))
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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council decided on Mr X’s banding three years ago so any complaint about this and his eligibility to bid is late.
7. The Council explained to Mr X there are not many one bedroom properties available and he has limited his own search based on type of property and location.
8. The Council must allocate in line with its allocations policy. I note this allows the Council to allocate out of turn in certain circumstances, for example offering adapted properties to those most suited. There is not enough evidence of fault in its decisions to offer properties to others ahead of Mr X.
9. Housing associations or councils acting in their capacity as social housing providers are not within our jurisdiction. Therefore I cannot investigate any complaint about their actions.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman