Summary: We will not investigate this complaint about the Council’s failure to provide suitable accommodation because we would be unlikely to find fault in the Council’s actions.

The complaint

1. Mrs X complains the Council has not provided her with a property that meets the needs of her and her family. She says her home is unsafe for her child and this causes Mrs X anxiety.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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))
6. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy. There is no legal duty to provide social housing or to do so in any particular timescale.
7. When the Council assessed Mrs X’s need for housing it took account of her individual circumstances, including her family’s medical needs. The Council gave Mrs X’s application suitable priority in line with its policy. The Council has not yet rehoused Mrs X. It is frustrating for Mrs X to have been waiting so long for a property that meets the needs of her and her family. However, the evidence suggests this is because of a lack of suitable available properties, not due to any fault by the Council.

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Final decision

8. We will not investigate Mrs X’s complaint because we would be unlikely to find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman