Summary: Mr Y complained on behalf of Mrs X and Mr X about delays in the Council's handling of their housing register application and related bidding access. There is fault in the Council’s actions because it delayed progressing the application, failed to properly consider the impact of those delays, and did not adequately address the rehousing issues raised through its complaints process. This caused distress, uncertainty and time and trouble, and resulted in a loss of opportunity to bid for suitable accommodation sooner. The Council agreed with recommended actions to remedy the injustice.

The complaint

1. Mr Y complained on behalf of his parents Mrs X and Mr X that the Council failed to properly deal with their rehousing application despite Mr X's health and mobility needs. He said the Council delayed progressing the housing application and failed to rehouse his parents. He also complained about the condition of the property, including damp, mould and leaks, and said the property was unsuitable because it had three flights of stairs.
2. Mr Y said the situation caused significant stress, anxiety and uncertainty for him and his parents. He said his parents were living in unsuitable accommodation which affected their wellbeing and caused concern, particularly because of Mr X's mobility difficulties and the ongoing problems with damp, mould and leaks. He also believed the Council's failures prevented his parents from being rehoused sooner.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

6. I have not investigated the complaints about damp, mould, leaks and repairs because those matters fall within the jurisdiction of the Housing Ombudsman. I have not investigated the Council's handling of the housing register application before September 2024 because the complaint was made to the Ombudsman in September 2025 and there is no evidence the Mr Y could not have reasonably come to us sooner. I have considered earlier events as background information.

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How I considered this complaint

7. I considered evidence provided by Mr Y and the Council as well as relevant law, policy and guidance.
8. Mr Y 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

Relevant legislation and guidance

9. 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))
10. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises.

What happened

11. Mrs X applied to join the Council's housing register in October 2022. The application referred to Mr X's health and mobility difficulties.
12. Mr Y complained to the Council in July 2023. He said the family had not received a bidding reference despite having applied for rehousing approximately a year earlier.
13. The Council responded in February 2024 and said the housing register issue would be referred to the relevant team.
14. The Council's records show it provided a bidding number in April 2024. But the application was not verified or live until early February 2025.
15. The Council's records show the household was unable to bid for properties until the application became live. The first bids were made in November 2025.
16. The Council carried out a medical reassessment in December 2025. It then awarded Band 2 priority in April 2026 based on severe medical need.
17. The Council accepted there were delays processing the housing register application following our enquiries. It said there were delays caused by backlogs and delays processing supporting documents. It also accepted it should not have requested proof of tenancy from the applicants because they were Council tenants.
18. The Council further accepted the rehousing concerns raised in the complaint were not properly addressed through its complaint process. It said the matter should have been referred internally rather than directing the complainants elsewhere.
19. The Council reviewed allocations data and concluded there was potential for the household to have been rehoused had it been able to bid in Band 2 from November 2022.

Analysis and findings

20. The Council accepted there were delays progressing the housing register application. The application was submitted in October 2022 but did not become live until February 2025. The Council acknowledged delays caused by application backlogs and delays processing supporting information. The Council was at fault for delaying the progression of the housing register application.
21. The Council also accepted no action was taken to mitigate the impact of those delays on the household. This is also fault.
22. The evidence shows the household was unable to participate fully in the allocations scheme until the application became live. The household could not bid while the application remained inactive despite a bidding number being provided.
23. The Council additionally accepted the rehousing concerns raised in the complaint were not properly addressed through the complaints process and should have been referred internally for investigation. This was fault.
24. The Council's delays also meant the application, including the household's medical circumstances, was not assessed within a reasonable timescale.
25. The Council's enquiry response shows the medical evidence available in 2022 differed from that available following later assessments and Occupational Therapy involvement. It cannot be concluded that the Council should have awarded Band 2 priority in 2022. However, the Council was at fault for delaying assessment of the application and the household's housing needs.

Injustice

26. The Council's faults caused injustice to Mrs X and Mr X. The delays caused uncertainty about the progress of the housing application and when the household would be able to participate fully in the allocations scheme.
27. The faults also caused distress, frustration and avoidable time and trouble pursuing the matter.
28. It is not possible to confirm the household would have secured alternative accommodation sooner. However, the Council reviewed its allocations data and concluded there was potential for the household to have been rehoused had it been able to bid in Band 2 from November 2022.
29. The Council's faults caused the household to lose an opportunity to compete for suitable accommodation at an earlier stage.

Remedy

30. The Council accepted fault and proposed a remedy during the investigation consisting of a written apology, backdating the household's Band 2 priority to 4 November 2022, a payment of £1400 to recognise the delay experienced, and a further payment of £250 to recognise the complainants' time and trouble pursuing the matter.
31. The proposed remedy appropriately acknowledges the significant delays in progressing the housing register application, the complaint handling failures, the distress and uncertainty caused to the household, and the loss of opportunity to participate fully in the allocations scheme. The backdating of Band 2 priority also provides a meaningful prospective remedy which seeks to place the household in the position they may have been in had the faults not happened.
32. I have not made any service improvement recommendations. While fault has been identified, the Council accepted the failings, proposed an appropriate remedy, and explained it has already changed its housing complaints process since the events complained about.

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Action

33. Within one month of our final decision, the Council agreed to:
• Apologise to Mrs X and Mr X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Backdate Mrs X and Mr X’s Band 2 priority to 4 November 2022.
• Pay £1400 to Mrs X and Mr X to recognise the delay and loss of opportunity.
• Pay £250 to Mrs X and Mr X for time and trouble in pursuing the matter.
34. The Council should provide us with evidence it has complied with the above actions.

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Decision

35. I find fault causing injustice. The Council agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman