Royal Borough of Kensington & Chelsea (24 007 836)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 20 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about the handling of her housing application. An investigation would not lead to a different outcome or achieve what Ms X wants.

The complaint

  1. Ms X complained the Council has refused to amend her housing application to include a relative as part of her household. She says this means she cannot bid on suitably sized properties. She wants the Council to add her relative to her household and offer her a three bedroom property.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome, or
  • we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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My assessment

  1. The Council’s housing allocations policy says applicants children aged 21 or over will not be included as part of the household for the purpose of being rehoused, unless the children have an exceptional need to live as part of the household.
  2. Ms X lives with her mother, Ms Y. In 2022 she applied to the Council for re-housing on medical grounds.
  3. The Council accepted her application and added Ms X to the housing register. It advised her she could bid for two bed properties.
  4. Ms X asked the Council to add her adult son, Mr Z, to her household. She said although Mr Z did not live with her, she wanted Mr Z to have a bedroom when he visited and so she needed a three bedroom property.
  5. The Council considered Ms X’s request but did not agree to it. This was because Mr Z was over 21, had care and support needs and was already accommodated elsewhere by the Council, where his needs were being met.
  6. We will not investigate this complaint. The Council’s decision appears in line with its housing allocations policy and so it is unlikely an investigation would reach a different outcome or achieve what Ms X wants.
  7. In its complaint responses, the Council accepted there had been some delay and poor communication during the processing of her application. It apologised to her for this and said it would provide training to staff to improve its service. This is an appropriate remedy for any frustration and distress caused and an investigation would not achieve anything more.

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Final decision

  1. We will not investigate Ms X’s complaint because an investigation would not achieve anything more or the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman

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