Summary: We will not investigate this complaint that the Council offered the complainant unsuitable accommodation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council offered accommodation which was unsuitable for her family’s needs.

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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 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 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

4. I considered information provided by Ms X and the Council. This includes the correspondence about the property and the medical evidence. I also considered our Assessment Code.

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My assessment

5. Ms X lives in a two bedroom property with two sons. The Council registered her for a three bedroom home because her sons have health conditions and need their own rooms.
6. In 2023 the Council offered Ms X three bedroom home. Ms X declined the offer mainly because she said it is too far from her support network and does not have a private garden. Ms X says she relies on family support and her sons need a private garden. The Council said the property was suitable and suspended Ms X from the housing register. The Council will lift the suspension this month.
7. Ms X asked for a review regarding the suitability of the property and submitted medical evidence. The Council did a review but did not change its decision.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X says the property was unsuitable but, when conducting the review, the Council considered Ms X’s points and evidence including the medical evidence, distance and driving time to her family, and her sons’ needs in relation to an outside space. Having considered all the evidence the Council remained of the view it had made a suitable offer.
9. Ms X disagrees with the decision but we do not act as an appeal body and it is not my role to decide if the property was suitable. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault. The Council considered all the evidence and made a decision based on that evidence, the guidance and its policy. Ms X disagrees with the decision but that does not mean there was fault in the way the Council made the decision.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman