Summary: We will not investigate Ms X’s complaint about the Council’s handling of her application to be re-housed to a larger property. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to fully understand her housing situation and the urgency of her family’s need to move to a larger property with outdoor space. She says her current housing is too small and is affecting her and her family’s health and wellbeing. She wants the Council to move her to more suitable housing.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Council’s housing allocations policy.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X applied to the Council for re-housing on medical and welfare grounds and submitted evidence in support of her application. The Council assessed Ms X’s application and placed her in Band 2 on its housing register. Band 2 is the highest banding for those with medical and welfare needs.
8. Ms X complains the Council has not yet made her an offer of a suitable property and that this is causing her and her family distress.
9. We will not investigate this complaint. Although I appreciate Ms X’s housing situation is causing her distress, we do not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
10. The Council has placed Ms X in Band 2, and this decision appears in line with its policy. Although the Council has not yet made Ms X an offer of a larger property, there is insufficient evidence of fault to warrant an investigation. We recognise that the demand for social housing far outstrips the supply of properties in many areas and that this can lead to long waits for social housing.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman