This fact sheet is aimed primarily at people who have applied to the council for housing and have problems with the way the council is dealing with their application and may be considering making a complaint to the Local Government and Social Care Ombudsman.
I need to move urgently but the council has not yet rehoused me. Can the Ombudsman help me?
Yes, in some circumstances. But we cannot question decisions taken by the council if they were taken properly and fairly. It may be the case that, although you need to move urgently, there are other applicants who have an even greater need.
The Ombudsman can consider your complaint if you have applied direct to a council, you think the council has been unfair or made a mistake in dealing with your application and you think this is the reason that you have not been rehoused or it has caused you other problems.
We will not uphold your complaint if it turns out that the council has followed proper procedures, relevant legislation and guidance and taken account of all the information you provided, even if you think that the council should have given more priority to your application.
We cannot deal with complaints about housing applications you make direct to registered social landlords such as housing associations for their own properties only. But we can consider complaints about housing applications if the housing association is carrying out a function of the council, for example if it is prioritising applications under a common allocation scheme administered by the council. Complaints about housing associations should be made to the Housing Ombudsman Service.
How do I complain?
You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.
Then, if you are unhappy with the outcome, or the council is taking too long to look into the matter - we think 12 weeks is reasonable - you can complain to us.
You should normally make your complaint to us within 12 months of realising that the council has done something wrong.
If you can consider my complaint what does the Ombudsman look for?
We consider whether the council has done something wrong in the way it went about dealing with your application which has caused you problems. By law the council has to give reasonable preference in its allocation scheme to homeless people, people living in insanitary, overcrowded or other kinds of unsuitable housing, people who need to move on welfare or medical grounds or people who need to move to another area to avoid hardship to themselves or others. Some of the issues we can look at are if the council:
- is using an allocation scheme that is not clear or fair
- failed to apply the allocation scheme properly or fairly
- failed to follow the Government’s code of guidance on housing allocation
- did not take relevant information into account in reaching its decision, or took irrelevant information into account
- did not operate its choice-based lettings scheme properly
- failed to give you information you should have (for example, about the priority awarded to your application or how to challenge the priority given to it), or
- delayed in dealing with your application, changes in your situation, or with a review request from you about the priority given to your application.
What happens if the Ombudsman finds the council was at fault?
The Ombudsman cannot usually overturn a council’s decision on the priority given to your application or its decision that you are ineligible for housing allocation.
But if we find that something has gone wrong in the way your application was dealt with that might have affected the decision, we may ask the council to carry out a review and correct its mistakes.
In certain circumstances, we may ask the council to offer you a house or flat. This only happens occasionally where, for example, it is clear that the allocation scheme has been applied wrongly and you have been denied a housing offer as a result.
We may ask the council to make a payment to you. Whether we do this and the amount we suggest will depend on how you have been affected by what has gone wrong, for example, whether you have lived in unsatisfactory housing for longer than you should have done.
We may also recommend that the council reviews its allocation scheme or procedures so that the problems you experienced don’t happen to other applicants.
Examples of some complaints we have considered
Other sources of information
Further advice may be available from Shelter – england.shelter.org.uk or call their helpline on 0808 800 4444.
Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.