Summary: We will not investigate Mr X’s complaint about the Council placing a bid on a property without his consent and about the unsuitability of his property. This is because there is insufficient evidence of fault. In addition, it is reasonable for the Council to complete a review of the suitability of Mr X’s accommodation.

The complaint

1. Mr X complains the Council placed a bid on a property without his consent. He also complains he felt forced to accept the property and that the property is not suitable for him.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal. (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. Mr X was in temporary accommodation. The Council said it placed bids on Mr X’s behalf to maximise expressions of interest for social housing.
6. An investigation is not justified because we are not likely to find fault with the Council for placing bids on Mr X’s behalf. This is because the Council’s lettings policy allowed for expressions of interest on suitable properties to be made on an applicant’s behalf.
7. Mr X was offered a ground floor flat. The Council said Mr X accepted the property following a viewing. Mr X said the property was not suitable for him.
8. In response to our enquiries, the Council said it had not yet completed a review of the suitability of the property. The Council confirmed it would be willing to complete one. Therefore, an investigation is not justified as it is reasonable for the Council to complete a review of the suitability of the accommodation in the first instance.

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Final decision

We will not investigate Mr X’s complaint because there is insufficient evidence of fault. In addition, it is reasonable for the Council to complete a review of the suitability of Mr X’s accommodation.

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Investigator's decision on behalf of the Ombudsman