Summary: We will not investigate this complaint about the Council’s offer of accommodation under its housing allocations policy. There is insufficient evidence of fault. If the Council decides to close the housing application it is reasonable for Mr X to exercise his right to have the decision reviewed.

The complaint

1. Mr X complained about the Council advising him that it will make a final offer of accommodation and if he refuses it then it will close his application. He says the Council has failed to properly consider his housing needs when making this decision.

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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, or
• 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 the information provided by the complainant and the Council’s response. 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. Mr X has been on a high priority banding on the Council’s housing register since 2024. The Council says it has made offers and that vacancies have occurred which would have been suitable for him to bid on but that he has not accepted these or made bids.
6. Mr X’s representatives say that he has high housing needs and that some of the offers or vacancies were unsuitable or unaffordable.
7. The Council wrote to Mr X’s representatives in April 2025 and advised that Mr X had failed to make many bids on suitable vacancies and that his area of choice was limited to 5 out of 25 available areas.
8. The Council said he would be made a final suitable offer and then his application would be cancelled and he would have to make his own housing arrangements. The Council’s allocations policy is based on a single suitable offer and it would apply this to Mr X’s case.
9. At the time when we received the complaint Mr X had not made a decision on the offer. If he refused the offer as being unsuitable the allocations policy allows for a review of suitability to be carried out. If the Council decided to close his application Mr X would also have a right to have the decision reviewed under s.166A of the Housing Act 1996 part 6.
10. We cannot make a recommendation on a deciosn which has not yet been made by a Council. The Council has explained its policy correctly and it would be reasonable for Mr X to use his right of review in possible outcomes.

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Final decision

11. We will not investigate this complaint about the Council’s offer of accommodation under its housing allocations policy. There is insufficient evidence of fault. If the Council decides to close the housing application it is reasonable for Mr X to exercise his right to have the decision reviewed.

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Investigator's decision on behalf of the Ombudsman