Summary: We will not investigate Miss X’s complaint about the property she was allocated from the Council’s Housing Register. This is because it was reasonable to expect her to use her suitability appeal rights.

The complaint

1. Miss X complains about her social housing property that she was allocated through the Council’s Housing Register.
2. Miss X says the rent is too high and it is in a rural area that lacks public transport for the school run. She would like to be transferred to an area with amenities and public transport.

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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 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))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant which includes the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X was allocated her property through a successful bid she placed on the Council’s choice-based lettings system. She says she raised concerns about the suitability of the property before accepting and felt pressured to accept, after being told she might lose future opportunities to place a bid. Miss X wants to be moved to another property in an area with better amenities.
8. The Council has responded to Miss X’s complaint. It highlights that the housing register advert for the property included information on the future rent and distance to schools. And that while she raised concerns about the location, the Council advised her of her right to request a suitability review, and she did not take this up. It also says that, as it considers the property meets her housing needs, she is not eligible to join the Housing Register under its Allocations Policy. Finally, it informed Miss X of her eligibility to join the national Homeswapper scheme for tenants of social housing to exchange their properties.
9. We will not investigate Miss X’s complaint. Councils can reasonably rely on applicants reading the advert and researching locations. And I note the Council advised Miss X that the law provides for a legal right on the suitability of an offer of accommodation. It was reasonable to expect Miss X to take this up.
10. The route for submitting suitability appeals is to the Council in the first instance under s.202 of the Housing Act 1996. If she had been unsuccessful she would have had a further right of appeal to the county court under s.204.

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Final decision

11. We will not investigate Miss X’s complaint because it was reasonable to expect her to use her suitability appeal rights.

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Investigator's decision on behalf of the Ombudsman