Summary: We will not investigate this complaint about housing allocations because there is not enough evidence of fault to justify investigation.

The complaint

1. Mrs Y complained the Council has refused to allow her to place bids on properties designated for adults over 55 years old, which she considers to be discriminatory against her as she is below this age.
2. Mrs Y says this has caused her upset and inconvenience as she is unable to bid on properties which may be suitable for her housing needs as she is below 55.

Back to top

The Ombudsman’s role and powers

3. 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, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

4. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs Y is unhappy that she is not able to bid on properties which the Council has designated as Elderly Persons Dwellings (EPD). The Council has explained that it has considered the requirements of its population, including that it needs to accommodate the needs of an aging population in its area.
6. To meet these needs, the Council has designated certain properties within its housing stock as being EPDs. It has explained EPDs are then protected from those who are not elderly from having a right to a tenancy and prevents such properties from being bought and therefore removed from the Council’s housing stock under its Right to Buy scheme. In turn this then allows it to meet the needs of its population.
7. This exception is included in the government guidance for local authorities implementing a Right to Buy Scheme and is listed as an exception under the Housing Act 1985, Schedule 5, paragraph 10. Councils are therefore entitled to group some properties to let “for occupation by elderly persons”.
8. As the Council has been able to explain its reasons for its decision not to let the properties it has designated as EPDs, and this is based on guidance issued by the government and in legislation, there is not enough evidence of fault to justify investigation into this complaint.
9. Further, we cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
10. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
11. In this case the Council’s policy says it monitors access to its housing list and the assessment of need in accordance with its equality impact assessment. This ensures that people are not unlawfully discriminated against on the ground of age as Mrs Y has suggested.
12. Further, decisions relating to banding and allocation can be appealed as outlined in the Council’s policy. If Mrs Y wishes to challenge the Council’s policy on the grounds of discrimination, it is for her to approach the courts about the matter, who can determine if there is a breach of the Equality Act. As we cannot make such a decision, the courts are better placed to consider this. We will not investigate.

Back to top

Final decision

13. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigation.

Back to top

Investigator's decision on behalf of the Ombudsman