Summary: We have upheld this complaint about housing allocations. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr Y and improving its service for others.

The complaint

1. Mr Y complains about the length of time he has been on the Council’s housing waiting list for a transfer. He says his current property is unsuitable for his family’s needs.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr Y applied for a transfer in June 2011. The Council accepted this, and Mr Y remained on the waiting list. Whilst I acknowledge he has been on the waiting list for a significant amount of time; this is not uncommon because the need for social housing is significantly greater than the available stock.
7. In March 2024, Mr Y notified the Council of a material change in circumstances which impacted his housing need. He submitted evidence to support this.
8. The Council reviewed this at panel in May 2024 and agreed Mr Y’s housing need had changed. It awarded additional preference priority to Mr Y’s application, effective from May 2024. This changed his position on the waiting list.
9. The Council’s allocations policy says if an individual’s housing need changes, which would increase the level of priority awarded to their application, the band date will change to the date the Council is notified of the material change. In Mr Y’s case, it did not do this. This likely resulted in Mr Y being on a lower position on the waiting list for a suitable property than he should have been, because he was awarded additional preference from May 2024 and not March 2024.
10. If we investigated this complaint, it is likely we would find the Council at fault. This is because it did not award Mr Y’s additional preference priority in line with its policy. The law says all housing allocations must be made in strict accordance with a Council’s published scheme. (Housing Act 1996, section 166A(1) & (14)).
11. We therefore asked the Council to consider remedying the injustice caused by its actions by backdating Mr Y’s additional preference award date to March 2024. We also asked it to remind the panel deciding additional preference of the terms of the policy and ensure future awards are dated in line with its published scheme.

Agreed action

12. To its credit, the Council agreed. The Council should complete the agreed actions within one month of this decision.

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Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing proportionate remedy for the injustice caused to Mr Y and improving its service for others.

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Investigator's decision on behalf of the Ombudsman