Summary: We will not investigate Miss X’s complaint about housing allocations. There is insufficient evidence of fault to justify investigation.

The complaint

1. Miss X complains the Council is taking too long to rehouse her despite her current property being overcrowded and unsuitable. Miss X also complains of poor complaint management.

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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. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X lives in an overcrowded three-bedroom property with her eight children. Three of Miss X’s children have medical needs.
6. The Council have awarded Miss X the highest priority band on its housing register.
7. 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.
8. The Council explained there is a shortage of housing in its area and there are very few properties suitable for a nine-person household. The Council have offered to assist Miss X to explore options in the private rented sector.
9. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.
10. We will also not investigate how the Council dealt with Miss X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman