Summary: We will not investigate this complaint that the Council has not offered the complainant a larger home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council has not offered a larger home even though she has been waiting for a long time. She says there are no properties for larger families. Ms X wants the Council to re-house her.

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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))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the housing review decision and the allocations policy. I also considered our Assessment Code.

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My assessment

4. Ms X lives in a one bedroom flat with four children. The flat was suitable when she moved in because, at that time, she lived alone.
5. Ms X has been on the housing register since 2011. She is registered for a three bedroom home and has priority because she lacks two bedrooms. Ms X can bid for some two bedroom properties although some Housing Associations will not permit this.
6. The Council confirmed Ms X is in the correct band. It said it has a shortage of larger homes and there are more than 38,000 people on the waiting list; it offers between 600 to 800 properties a year from the list.
7. Ms X lives in overcrowded conditions and needs a larger home. She has explained the negative impacts caused by the lack of space and privacy. However, I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have checked the policy and Ms X is in the correct band. In some circumstances she can bid for a smaller property than she needs although not all landlords allow this. Three bedroom properties are available but they are in short supply which is why Ms X faces such a long wait for a new home. This is difficult for Ms X but is due to the shortage of social housing rather than fault by the Council.
8. We do not act as an appeal body and have no power to re-house Ms X or tell the Council it must offer a larger home outside of the normal bidding process. We can only intervene if there is evidence of fault in the way the Council has processed Ms X’s housing application and there is no suggestion of fault.

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Final decision

9. 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