Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Mrs X to ask for a review of her priority.

The complaint

1. Mrs X complained about the Council’s assessment of her housing priority. She says she was well-placed under the choice -based lettings system but now she has been accepted for a direct offer of adapted accommodation her level on the bidding list has gone down.

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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 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

3. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she needs a ground-floor adapted property because of her husband’s health and mobility needs. When she was previously bidding on the choice-based lettings system she was placed 5-7 on the bidding list for vacancies. Following an assessment by an occupational therapist, she says she is now placed 28 on the priority list.
6. The Council allocates vacancies from bidding by applicants through its choice-based lettings scheme and through direct offers where it chooses properties for applicants on a shortlist. Mrs X is being considered by direct offers which means she is on a shorter list and not competing with all the other applicants for a vacancy. However, she is lower down the direct offers list because it operates in strict order and is not subject to daily change as the housing register is.
7. If Mrs X remains dissatisfied with her current priority it is reasonable for her to ask the Council to carry out a s.166A review under the Housing Act 1996. We will not investigate complaints where there is a right of review available and it is reasonable to pursue it.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Mrs X to ask for a review of her priority.

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Investigator's decision on behalf of the Ombudsman