Birmingham City Council (24 023 309)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 09 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council withdrawing Miss X’s bid on a property. There is not enough evidence of fault to justify investigating the complaint.
The complaint
- Miss X complains that the Council unfairly withdrew an offer of a property as it wrongly considered it was unsuitable for her medical needs. This caused significant distress to the Miss X and prevented her and her family from moving to suitable permanent accommodation.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X is on the Council’s housing register. The Council told Miss X that she was top of the shortlist for a property she had bid on. The Council then told Miss X that it had withdrawn her bid as the property was not suitable for her and her family. This was because Miss X indicated on her housing application form that she needed ground floor accommodation.
- Miss X’s housing application form which was relevant at the time of her bid shows she told the Council she required ground floor accommodation. The Council was entitled to rely on this information when it made its decision to withdraw Miss X’s bid. So, there is not enough evidence of fault to justify investigating Miss X’s complaint.
Investigator's decision on behalf of the Ombudsman