Summary: We will not investigate Ms X’s complaint about a lack of suitable properties to bid for because there is insufficient evidence of fault by the Council to justify our involvement.

The complaint

1. Ms X complained she has not had the same opportunity to bid for social housing as other applicants in the same priority band. This means she remains in overcrowded accommodation. Ms X also complained about the Council’s delay in responding to her complaint.

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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
• further investigation would not lead to a different outcome.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

5. Ms X has been on the Council’s housing register since 2019 and is in band 3. In January 2025, she complained she had not had the same chance to bid for properties in her preferred area as other applicants in band 3. In its complaint response, the Council explained that not all properties are advertised – some are properties are restricted to specific groups, such as homeless households in temporary accommodation (who will also be in band 3) and these are offered directly to applicants, in line with its published allocations scheme.
6. The Council noted Ms X had only bid on eight properties in 2024, all of which were in a restricted area and noted that, whilst it understood Ms X’s reasons for wanting a property in that area, the restriction would likely mean she is waiting longer for rehousing. It apologised for its delay in responding to her complaint and offered to pay her £150 to remedy that.

My assessment

7. The law says all councils must allocate social housing in line with their published allocations scheme. This Council’s scheme allows it to make direct offers in some circumstances, such as to applicants currently in temporary accommodation and to restrict bidding for a period to make the best use of available stock. In addition, when Ms X does bid for a property, she will not be successful if there is another applicant in band 3 who has been waiting longer for rehousing.
8. Whilst I appreciate Ms X’s frustration at the long wait for rehousing, there is no indication this is due to Council fault, as opposed to the high demand for social housing and limited availability. There is insufficient evidence of fault to justify further investigation.
9. The Council accepted it delayed responding to Ms X’s complaint, for which it apologised and offered to pay her £150. We do not investigate complaints handling unless we are also investigating the underlying complaint, but the Council has taken appropriate action to remedy the injustice caused in this case and further investigation is unlikely to lead to a different outcome.
10. For the reasons set out above, we will not consider this complaint further.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman