Summary: We will not investigate this complaint about the Council’s consideration of Mr X’s disabilities when making housing decisions. This is because it is reasonable for Mr X to ask the Council for a review or appeal.

The complaint

1. Mr X complains the Council did not consider his disabilities properly in handling his housing case. He says an officer was rude and dismissive of his disabilities during a call in October 2024. He is also unhappy with the Council’s complaint handling.

Back to top

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:

• any injustice is not significant enough to justify our involvement, 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))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In Mr X’s complaint to the Council, he said was unhappy with its treatment overall but particularly in relation to a call with its officer, who failed to take account of his disabilities when placing bids for him. Mr X says this resulted in an unsuitable offer of housing and the Council ending its main housing duty.
7. Mr X had the right to seek a review of the Council’s decision to end its main housing duty and then had the right to appeal to court if the decision was unchanged. It was reasonable for Mr X to have used his rights of review and appeal and so I will not investigate this point.
8. Regarding the officer behaviour during the phone call, the Council told Mr X it did not have a recording of the call but it expected its staff to behave appropriately.
9. Mr X says he has a recording of the call and the Council has since confirmed to the Ombudsman that Mr X can provide this for it to consider. It is reasonable for Mr X to provide this evidence for the Council to review, and therefore I will not investigate.
10. I do not consider there is any remaining significant injustice, separate to that addressed above, to warrant an investigation.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for Mr X to ask the Council for a review or appeal.

Back to top

Investigator's decision on behalf of the Ombudsman