Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing application. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains the Council has not provided her with suitable accommodation.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by the Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Miss X did not contact us within 12 months but I consider there is good reason to exercise discretion on this point. This is because the Council signposted her to the Housing Ombudsman and she contacted us once the Housing Ombudsman advised her to do so.
9. Miss X lives in a Council property and is on the housing register. In 2021, she complained to the Council her current property was unsuitable and it had not taken enough action to find her family a suitable property since 2017.
10. The Council told Miss X it had limited properties available which met her family’s needs. It offered her several properties it assessed as suitable. Miss X declined the properties. There is not enough evidence of fault to investigate further.
11. Miss X also complains about ongoing damp issues in her accommodation. I cannot investigate this matter because it is out of our jurisdiction. The appropriate body to complain to is the Housing Ombudsman and I note it has already investigated this matter.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman