The Ombudsman's final decision
Summary: We will not investigate this complaint about problems with the allocation of Council housing. This is because we are unlikely to find evidence of fault with alleged issues about how it determined the complainant’s priority for housing, or how it responded to issues about paying service charges. We cannot investigate other parts of the complaint as the Council has not been provided a reasonable opportunity to investigate the alleged problems.
The complaint
The complainant (Ms K) complains about the Council’s handling of her application for social housing. In particular, she alleges: The Council has disregarded its own assessment of her needs and important medical information. She says this meant the Council wrongly allocating her a lower priority band as a result.
Her current housing is unsuitable and in a condition which is causing harm to her health and wellbeing. Further, that over the past 12 months, she has been relocated on three occassions to different accommodations, none of which have met her needs.
The Council’s correspondence has been abusive, unprofessional and distressing. She also says it has lacking transparency in respect of addressing The Council has been unsupportive in relation to her difficulties paying her property service charge.
In summary, Ms K says the alleged fault has caused her health to significantly deteriorate. She also says the Council’s responsiveness to her concerns has caused her to suffer distress and uncertainty. As a desired outcome, Ms K wants a detailed investigation in relation to the alleged failings and for the Council to be held accountable.
The Ombudsman’s role and powers
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating; or any injustice is not significant enough to justify our involvement; or we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Allocation of housing The complaint mainly concerns Ms K’s determined level of priority for housing. She says the Council told her, following an assessment of her needs in February 2023, that she would be given Band B priority. However, she says the Council awarded her less priority. I have reviewed the Council’s handling of Ms K’s housing application which shows the Council allocated her Band B priority in April 2023. I found the Council’s banding allocation was in line with Ms K’s needs, as well as her expectations. On this basis, we are unlikely to find evidence of fault.
Allegations of misconduct In response to Ms K’s concerns outlined at Paragraph 1(c) (above), the Council requested more information so it could investigate. This is because Ms K’s complaint did not refer to any specific examples in her complaint. I have reviewed Ms K’s request escalating her complaint to the next stage of the Council’s complaints policy and procedure. This does not include any further information in order to assist the Council with investigating the issues raised. The law says we have no legal jurisdiction to investigate in circumstances where the Council has not has a reasonable opportunity to investigate in the first instance.
I do not consider Ms K has provided the Council sufficient details in order for to investigate and so we will not consider this part of her complaint.
Unsuitable housing Part of Ms K’s complaint relates to being relocated to three different properties by the Council over a 12-month period which she considered unsuitable. As I understand, Ms K was allocated alternative housing at her request. Ms K has not identified in her complaint to us or the Council what the problem is with her current housing. She has also not responded to the Council’s request for details in its initial response to her complaint. I am unlikely to find evidence of fault by the Council in respect of Ms K’s relocation. I do not consider Ms K has provided the Council sufficient details of any alleged problem with her current housing and so we will not consider this part of her complaint.
Service charges In early 2023, Ms K informed the Council that she was struggling to pay her service charge and that she was in financial hardship. The evidence I have considered shows the Council informing Ms K to pay what she can afford and that it will work with her to make a payment arrangement once it has considered a financial assessment of her means. Ms is responsible for paying her service charge and I have not found any evidence of fault by the Council in respect of the advice and support from the Council in this respect.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council with respect to housing allocation and service charges. We cannot investigate issues of alleged misconduct or unsuitability with housing as the Council has not been provided a reasonable opportunity to investigate the alleged problems.
Investigator's decision on behalf of the Ombudsman