Summary: We will not investigate this complaint about the Council’s decision that Miss X can no longer bid for properties. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Miss X complained that the Council wrongly will not allow her to bid on properties while she is on its list for an adapted property. Miss X considers that, as a result, she will have to wait longer to be offered a suitable property despite having an urgent need to move.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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.

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How I considered this complaint

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

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My assessment

6. Miss X is on the Council’s housing register and the Council placed her in priority band B1. In 2024, the Council decided Miss X required an adapted property due to the medical needs of a member of her household. The Council put her on the occupational therapist (OT) rehousing list for an adapted property. It later advised Miss X she could no longer bid on properties. This was because it considered general needs housing no longer met Miss X’s family’s needs as they needed an adapted property.
7. We will not come to our own view on whether the Council should allow Miss X to continue to bid on properties. Our role is to consider if the Council has followed the proper processes when making its decision.
8. The Council’s housing allocation scheme states that if an applicant is placed on the OT rehousing list, they will not be able to bid for general needs accommodation advertised within the Choice Based Lettings Scheme.
9. We will not investigate Miss X’s complaint. This is because the Council’s decision that Miss X could no longer bid on general needs properties is in accordance with its allocations scheme. So, there is insufficient evidence of fault to justify an investigation of Miss X’s complaint.

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Investigator's decision on behalf of the Ombudsman