Wealden District Council (23 013 181)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 19 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council has restricted his ability to bid on properties. There is not enough evidence of fault to justify our involvement.
The complaint
- Mr X complained the Council had restricted his ability to bod on properties after it issued him a warning for his behaviour. Mr X is unhappy with the property he currently lives in. He said it is not suitable for his needs.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaint the Council has restricted his bidding on properties. In its complaint response, the Council said it had provided advice to Mr X about what properties he was eligible to bid on. However, it said he bid on properties that he did not meet the criteria for. It gave an example of this. Although Mr X is unhappy with the Council’s response, there is nothing to suggest it has restricted his ability to bid on properties. There is not enough evidence of fault to justify our involvement.
- Mr X is unhappy with the priority the Council has awarded to his housing register application. He said his property is unsuitable for his needs. The Council has confirmed it is seeking further information around Mr X’s housing needs from relevant professionals. Once it has done that it will reconsider its decision on Mr X’s housing priority. Given the action the Council is currently taking, there is nothing to be achieved by investigating Mr X's housing register application at this time. Mr X can return to the Ombudsman once the Council has completed its review, if he thinks it has not considered it properly.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman