Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing register application because there is insufficient evidence of fault causing sufficient injustice to justify our involvement.

The complaint

1. Ms X complained about a seven month period where the Council did not respond to her communications or review her housing application. She also complained she has been in band A on the Council’s housing register since 2021 but has not had an offer of housing and the Council has not provided a clear pathway and timeframe for securing alternative accommodation. Ms X said her current housing was assessed as unsuitable for the medical needs of the household in 2022.

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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
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

5. The Council accepted Ms X’s housing register application. It awarded band A, effective from September 2021. The Council accepts she needs a four bedroom property, adapted for wheelchair access.
6. In January 2024, an advocate contacted the Council about her housing situation. They explained the difficulties caused by the family’s current housing, particularly in relation to Ms X and two of her children, and that an Occupational Therapist (OT) had assessed their housing as being unsuitable in 2022. The advocate wrote to the Council again in May and July 2024 but did not receive a reply.
7. In January 2025, the advocate complained about a lack of responses since May 2024, and its failure to rehouse Ms X. In its complaint response, the Council said:
• there had been some confusion about responsibilities, which had led to its failure to respond. It upheld this part of the complaint, apologised and offered to pay Ms X £50 to recognise the frustration caused. It also said it had spoken to relevant staff to prevent that happening again in future;
• Ms X was already in band A, the highest priority band;
• four bedroom properties did not become available very often and applicants needing four bedroom properties typically wait three and an half years before being rehoused. It was likely Ms X would wait longer than this because she had very specific requirements to meet her household’s needs; and
• almost all applicants in band A will get a direct offer of housing.
8. In response to my enquiries, the Council said:
• for a period around the time of the complaint, Ms X was not able to bid for housing because the Council was trying to identify a suitable property to offer her directly as she was having to move from her current property. It had not identified a suitable, so it had arrange temporary accommodation for her;
• apart from that, Ms X had been able to bid for suitable properties of her choice and is currently able to do so but has never done so. In addition, it will continue to look for social housing.

My assessment

9. We are aware there is a national shortage of social housing, which is particularly acute in London. This means that many families are waiting long periods before being rehoused. Ms X has been given the highest priority band on the Council’s housing register but there is still a wait because she needs a four-bedroom property, and these do not come up regularly. In addition, she needs a ground floor property and one that has been, or could be, adapted for wheelchair access. Typically, disabled applicants do wait much longer for suitable housing, which reflects the lack of availability of such housing, rather than Council fault.
10. The Council upheld Ms X’s complaint about poor communications. This caused Ms X frustration and meant her advocate was put to avoidable time and trouble writing again. However, it did not affect her housing register application or how quickly she will be rehoused because she was already in band A and able to bid if a suitable property became available. In addition, the Council is looking for a suitable property that it could offer to her directly. Therefore, although I appreciate Ms X thinks the Council should pay her more than the £50 offered, there is insufficient injustice caused to justify us investigating further.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault causing sufficient injustice to justify our involvement.

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Investigator's decision on behalf of the Ombudsman