The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s need for a larger home. This is because there is insufficient evidence of fault by the Council and we cannot achieve the outcome the complainant wants.
The complaint
The complainant, whom I refer to as Ms X, needs a larger home. She wants the Council to provide better accommodation.
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, or we cannot achieve the outcome someone wants.
(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 our Assessment Code.
My assessment
Ms X lives in a two bedroom Housing Association flat with her husband and seven children. She says there is mould and damp in the flat.
Ms X is in band A on the housing register and needs a four bedroom home. Band A is the top band.
The Council’s private sector housing team is helping Ms X deal with the disrepair.
The Council told Ms X she is in the top band but there is a shortage of social housing and it cannot say when it will be able to offer a larger home. It has explained there are other people in band A who have been waiting for longer than Ms X.
I will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Ms X would like. The Council accepts Ms X needs a larger home and is severely overcrowded. It has placed her in the top band on the housing register and cannot give any more priority. It has also helped her to deal with the disrepair. Unfortunately, there is a shortage of social housing, especially for larger homes, so it is impossible to say when Ms X will place a successful bid. The Council can only offer housing in accordance with the policy – this means it can only offer a home if Ms X is the person with the most priority who applies for a property.
We cannot get Ms X rehoused and we cannot increase her priority because the is already in the top band. Ms X has an urgent need to move but as there is no suggestion of fault by the Council we cannot help.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Ms X would like.
Investigator's decision on behalf of the Ombudsman