Summary: We will not investigate Miss X’s complaint about the Council’s housing allocation scheme because there is insufficient evidence of fault in its decision-making to justify our involvement. It is also noted that the Complaint was received outside the normal 12-month period for investigating complaints.

The complaint

1. Ms X complained about the length of time it has taken for for her to be allocated social housing. Ms X has been bidding on properties since 2011 with no success.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The basis of Miss X’s complaint is that she has been bidding for social housing properties since 2011 but has been unsuccessful in securing a property. We will not investigate the events before the past 12 months. There is no evidence to suggest that Miss X could not have complained to the Council or to us sooner. It was reasonable for her to complain to the Council, ask for a review of her application or to complain to us in the previous years.
7. Miss X claims to have been unsuccessful in securing social housing, but it is noted that she received three offers from the Council for the size of property she seeks. It is noted that Miss X disputed the suitability of these properties due to their locations. The Council consulted a medical advisor before determining that there was no evidence of a medical need for Miss X and her family to live in her desired area. I am satisfied that the Council acted in accordance with its allocations policy when handling Miss X’s case.
8. There is no timescale for when someone who is on a council’s housing register can expect to be rehoused. Due to the high demand and shortage of vacancies for social housing it can be many years before someone receives an offer or makes a successful bid.
9. I cannot find fault in the Council’s decision-making that would justify an investigation. We may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the Council’s decision-making to justify our involvement and the complaint was received outside the normal 12-month period for investigating complaints.

Back to top

Investigator's decision on behalf of the Ombudsman