Summary: Based on current evidence there was delay by the Council in reassessing a families housing priority. The Council remedied the injustice by backdating the families priority before the complaint was considered by the Ombudsman and has confirmed the family did not lose out on any housing offers due to the delay. The Council has allocated properties according to its housing policy and plan.

The complaint

1. The complainant, who I shall call Miss X, complains the Council delayed reassessing her housing priority which has meant she has missed out on offers of housing. Miss X says her family have had to stay in a statutorily overcrowded property for longer than needed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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What I have and have not investigated

4. I have investigated Miss X’s complaint from February 2025 until September 2025 when she complained to the Ombudsman. Matters from September 2025, including Miss X’s homelessness application, are new complaints which will need to be considered by the Council through its complaints procedure before the Ombudsman investigates.

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Housing allocations

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
8. The Ombudsman may 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.
9. The Ombudsman recognises the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

The Council’s housing allocations policy

10. The Council’s allocations policy places applicants into one of four bands – emergency, gold, silver and bronze.
11. Properties are advertised on-line and applicants can bid on up to six properties each bidding cycle. The successful applicant is the applicant with the highest banding and the earliest effective band date, with properties also being labelled to give priority to certain types of households.

Key facts

12. Miss X lives in a studio flat. Miss X wrote to the Council before her daughter’s first birthday, as she felt the family would be statutorily overcrowded from that date.
13. In the Council’s response to Miss X’s official complaint in June 2025 the Council apologised for the delay in actioning her housing register assessment and for the lack of response to her emails chasing a response.
14. The Council said that it had now correctly backdated her housing priority to the gold band, with an effective date of 28 February 2025. The delay was fault by the Council, but it has remedied the injustice from this fault by correctly backdating Miss X’s housing priority.
15. Miss X has complained to the Ombudsman that she believes she has missed out on housing offers as a result. However, the Council has sent information to show the offers she complains about would have been offered to other applicants even if the correct date for the gold band had been placed on her application. So, I find no fault on this point.
16. Miss X also complains about the Councils allocations policy. She considers it unfair that applicants in the silver band or gold band with later dates are housed before her.
17. The Council has explained that properties are labelled to set parameters on which type of households will be given preference over others. So, properties on the ground floor will be prioritised for those needing ground floor accommodation and a percentage of family homes will be prioritised for applicants occupying temporary accommodation. The Council has said its allocations policy enables the use of an Allocation Plan in response to identified pressures and local need.
18. The Council is entitled to allocate properties according to its allocation policy and plan. This does not have to be in date or band order, the Council is entitled to decide how properties are allocated to each of the categories. I find no fault on this point.

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Decision

19. I have completed my investigation and I find fault by the Council. The Council has already remedied the injustice through its complaints procedure before the complaint was submitted to the Ombudsman and no service improvements are required.

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Investigator's decision on behalf of the Ombudsman