The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not provided the complainant with suitable housing even though she has been on the housing register for seven years. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant whom I refer to as Ms X, complains the Council has not given her a suitable home even though she has been on the housing register for seven years. Ms X wants the Council to provide a suitable property.
The Ombudsman’s role and powers
The Ombudsman investigates 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
Ms X lives in a one bedroom flat with three children. She is in band two because she has medical priority and is overcrowded. Ms X complained to the Council that she has not been re-housed despite being on the housing register for a long time.
In response, the Council confirmed that Ms X is in the correct band. It reassured her that no bids had been over-looked and that her daughter was added to the application in 2018. It noted that Ms X had refused a Housing Association property in 2017. It also said that she is choosing not to apply for Housing Associations properties and has only been bidding in six of the 25 areas of choice. The Council encouraged Ms X to bid on as many properties as possible and in many areas. The Council accepted Ms X needs a larger home but explained there is a shortage of social housing and many of the available properties are Housing Association homes. The Council said it had correctly administered her application.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have checked the allocations policy and Ms X is in the correct band. It is also correct that, by limiting the area and type of property, Ms X is increasing her waiting time for a larger home. The Council has acted appropriately by inviting Ms X to bid for a wide range of properties. It has also suggested other housing options. I recognise Ms X needs a larger home, and has been waiting a long time, but this reflects the shortage of social housing rather than fault by the Council. We are not an appeal body and we have no power to ask the Council to provide accommodation outside of the allocations policy.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman