Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There was some fault on the Council’s part when it failed to close the application in 2021. This did not cause any significant injustice to the applicant.

The complaint

1. Miss X complained about the Council allowing her to bid on vacancies after she was housed in the private sector in 2021. She says it gave her misleading information which led to a successful bid on a vacancy being ineligible. She believes she should be considered for another 2-bedroom offer. She also complained about the unsuitability of temporary accommodation provided by the Council prior to 2021.

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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says she was told in 2021 that she could continue bidding on the housing register even if she accepted a private sector tenancy at the time. She says she successfully bid on a two-bedroom vacancy but this was withdrawn when the Council told her that she was ineligible.
7. The Council discharged its homelessness duty and closed Miss X’s homelessness application when she was housed in 2021. It should have also ended her housing application at that time because her circumstances and address changed from her original application.
8. Miss X asked in 2021 if she would be able to continue bidding once in the private sector. The Council officer advised her in a text that she would, although she would be considered to be adequately housed for 2-bedroom vacancies. Miss X continued bidding but the Council’s advice would only have applied to a new application made from her new address. The allocations policy requires applicants to complete new applications when they change to a new address or family members are added or leave.
9. When Miss X was successful in bidding for a vacancy this was withdrawn. This was the correct action by the Council because she was ineligible based on her previous application. The Council is required to verify someone’s housing details before any formal offer can be made. She submitted a new application and the Council told her that she was ineligible for 2-bedroom vacancies because she was adequately housed.
10. The Council should have ended Miss X’s housing application when her circumstances changed in 2021 and she should have completed a new application based on her situation. This failure led to her being able to continue bidding and receive offers. A new application would not have been eligible for a 2-bedroom offer under her circumstances.
11. This fault did not cause significant injustice to Miss X because she was ineligible for the vacancy. If she had been offered the accommodation this would have caused injustice to other applicants who were eligible and may have had higher priority.
12. We will not exercise discretion to investigate Miss X’s complaints about the temporary accommodation which she occupied prior to 2021. It was reasonable for her to complain to us within 12 months and there is no evidence to suggest that she could not have complained to us sooner.

Back to top

Final decision

13. We will not investigate this complaint about the Council’s assessment of a housing application. There was some fault on the Council’s part when it failed to close the application in 2021. This did not cause any significant injustice to the applicant.

Back to top

Investigator's decision on behalf of the Ombudsman