The Ombudsman's final decision
Summary: We will not investigate this complaint about the housing register and local lettings policies. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, say the Council gives priority to people who fit the criteria rather than to long-term applicants with high priority. Ms X says the system is unfair and deceitful. Ms X does not think people with a local connection should bypass people in high need.
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 also considered the allocations policy, government guidance and our Assessment Code. I invited Ms X to comment on a draft of this decision.
My assessment
The Council must follow its allocations policy when deciding who can be offered property from the housing register. The policy includes local lettings plans. This means the Council will decide that certain properties have different rules. For example, the Council will decide that some properties will be offered to people with a defined local connection and they will be considered ahead of other applicants who may have higher priority but do not meet the local lettings plan rules. This approach is provided for under the law and government guidance.
Ms X complained to the Council that other people were being housed ahead of her. She referred to a property she had applied for but had been offered to someone with less priority.
The Council explained the rules relating to local lettings plans and that the criteria the Council uses for local plans was approved by Members in 2020. It said Ms X had been shortlisted in position five for the property she had applied for but she did not meet the local connection rules as defined by the local lettings plan. The Council recognised Ms X faces a long wait for a new home but said it had processed her bids correctly.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Ms X needs a larger home and it must be frustrating when other people are offered accommodation when they may appear to have less need or waiting time. But, local lettings plans are permitted by the law, policy and guidance so there is no suggestion of fault and nothing for us to investigate.
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