The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s need to move to a larger home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault by the Council, and we cannot achieve the outcome the complainant would like.
The complaint
The complainant, Ms X, lives with her family in an overcrowded property. She complains the Council has not offered a larger home even though she has been on the housing register for more than a year. Ms X wants to be re-housed.
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 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence, allocations policy and our Assessment Code.
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 wants. This is because the Council placed Ms X in the top band on the housing register and has explained it will offer a new home when one becomes available and to the person who has been waiting the longest time in band one.
The Council is operating the housing register correctly and cannot offer any more priority. The Council must offer a property in accordance with the allocations policy and we cannot ask the Council to move Ms X outside of that policy.
Investigator's decision on behalf of the Ombudsman