Summary: We will not investigate this complaint about the Council’s allocation of housing to a homeless applicant in 2023. It was reasonable for Miss X to ask for a review of suitability when the property was offered.

The complaint

1. Miss X’s representative complained about her being allocated a property which she believes is unsuitable due to its location away from relatives who provide support.

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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 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 it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

2. I considered the information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss X was on the Council’s housing register and was offered a tenancy in December 2023. She accepted the offer but in January 2024 her representative made a formal complaint to the Council about the suitability of the offer due to its location being distant from her in order to provide support. The Council was restricted in what information it could divulge to the representative because it had not received consent from the tenant to do so.
5. In June Miss X’s representative made a complaint to us and in July provided Miss X’s signed consent.
6. Under the provisions of the Housing Act 1996 and government guidance if someone is made an offer of accommodation and they believe it is unsuitable they can ask for a statutory review under s.202. Miss X did not ask for a review following her accepting the tenancy and she had not given consent for a review to be undertaken by the time the Council completed its complaints process.
7. It was reasonable for Miss X to ask for a review if she believed the offer of accommodation was not suitable for her needs following the Council’s offer.

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Final decision

8. We will not investigate this complaint about the Council’s allocation of housing to a homeless applicant in 2023. It was reasonable for Miss X to ask for a review of suitability when the property was offered.

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Investigator's decision on behalf of the Ombudsman