Summary: We will not investigate Miss X’s complaint about the Council’s decision about her housing register application. There is not enough evidence of fault to justify investigating parts of the complaint and further investigation would not lead to a different outcome. Part of the complaint relates to the Council’s role as a social housing provider, which the law prevents us investigating. The Council agreed to take suitable action in relation to Miss X’s reasonable adjustments.

The complaint

1. Miss X complained the Council:
• refused her application to join the housing register without properly considering her requirements;
• failed to resolve issues regarding her inflated heating bills; and
• failed to adhere to her reasonable adjustment request for all letters to be in large print.
2. Miss X said this caused her stress and financial pressure as it prevented her from being able to apply for a guide dog, caused her to be overcharged for her heating bills, and meant that her young son had to read each letter to her.
3. Miss X wanted the Council to record her disability on its systems and implement her reasonable adjustments. She wanted it to reconsider her housing application and amend and refund the heating overcharging. She also wanted it to provide financial redress for the distress and inconvenience.

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The Ombudsman’s role and powers

4. 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
• further investigation would not lead to a different outcome

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

5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Housing register application

9. Miss X applied to join the housing register as she wanted to move into a property with an enclosed garden to support her application for a guide dog, which she required for her visual impairment. Her current property did not have access to a garden and forbade dogs.
10. The Council’s Occupational Therapist (OT) assessed Miss X to see if she met the criteria to move property on medical grounds. The Council’s allocations policy says that a person’s health condition must be being affected or worsened by their current accommodation in order to qualify.
11. The OT assessment found that Miss X’s accommodation was not worsening her health condition and Miss X provided no evidence of this. Although having a different accommodation might improve her situation, she did not meet the criteria to qualify for a property move. There is insufficient evidence of fault in how the Council came to this decision, and it is unlikely that further investigation by us would result in a different outcome.

Inflated heating bills

12. Miss X complained she had been overcharged for five years of inflated heating charges which had been incorrectly placed on her tenancy.
13. We cannot investigate complaints about the management of social housing by a council acting as a registered social housing provider. As Miss X is a tenant of the Council, this complaint is one the law prevents us from investigating.

Reasonable adjustments

14. If we investigated this part of Miss X’s complaint, it is likely we would find fault causing her injustice. This is because the Council sent documents to Miss X which were not in large print, after having accepted this adjustment would be reasonable. We would likely say this caused Miss X and her son inconvenience.
15. We therefore wrote to the Council inviting it to write to Miss X to confirm her reasonable adjustments and apologise in line with our guidance.
16. The Council agreed to take action at this early stage and has issued a letter to Miss X. I am satisfied the action the Council has taken is suitable to remedy any injustice we would find if we investigated this part of the complaint. It is not therefore proportionate for us to investigate the matter further. .

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Final decision

17. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating parts of the complaint and further investigation would not lead to a different outcome. Part of the complaint relates to the Council’s role as a social housing provider, which the law prevents us investigating. The Council agreed to take suitable action in relation to Miss X’s reasonable adjustments.

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Investigator's decision on behalf of the Ombudsman