Summary: We will not investigate Miss X’s complaint about the Council’s delay in moving her to a suitable property because there is not enough evidence of fault in the way the Council made its decision.

The complaint

1. Miss X complains about the Council’s delay in moving her to a suitable property. She says her family is overcrowded and the Council has not helped her to move.

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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 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))
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)
4. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council about several housing issues in 2022. Her complaint to us about these matters is late. However, the Council signposted her to the Housing Ombudsman who only recently signposted her to us. I consider this is a good reason to exercise discretion to consider Miss X’s complaint.
8. Miss X says her home is overcrowded. She has applied to transfer but has yet to move to a bigger home. She wants her application to be prioritised.
9. The Council placed the family in Band B for overcrowding. This is in line with the Council’s policy for the family’s level of need. I have not seen evidence of fault in its decision making.
10. I recognise Miss X wants to move sooner however the Council is not obliged to prioritise her over others waiting for a property. I therefore will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman