Source · SPSO (Scottish Public Services Ombudsman)

West Lothian Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201002431 Sector Local Government Category housing application Decided 01 September 2011

View West Lothian Council scorecard

Full decision

Summary

Mr C was the owner of a private house. When he fell behind with mortgage payments, the lender threatened repossession. Mr C approached the council in July 2009. He told them that he understood his lender would repossess his home within four weeks, and submitted a housing application. He was initially given 100 points for underoccupation. He continued to live in his home and, before the court case for repossession in April 2010, he entered into a short tenancy agreement for a private let. He moved out of his home after the court case but still sought council housing. From 24 May 2010 the council revised their housing policy, and as a result Mr C lost his underoccupation points. He complained that the council had failed to offer him accommodation although he was homeless, and refused to give him priority points as given at the start of his application. Our investigation found that when Mr C first sought rehousing in July 2009, and in March 2010 when he secured a private let before the court case, the council were entitled to regard him as not homeless. The council were also entitled to revise their policy. In the period prior to May 2010, Mr C's points were insufficient to warrant an offer of rehousing.

When this report was first published on 21 September 2011, it was incorrectly categorised as being about The Moray Council. This was due to an administrative error which we discovered on 22 September 2011, and for which we apologise.

Related reading

View Decision Report 201002431 as a PDF (15.43 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving West Lothian Council

Reference Date Summary Outcome
202303701 01 Aug 2024 C, the complainant, is a tenant of the council. They complained about the council’s refusal of an application for mutual … Upheld
202108359 01 Jul 2024 C, a support and advocacy worker, complained on behalf of their client (A) who had looked after their grandchild since … Upheld
202101028 01 May 2023 C complained that the council had failed to handle their planning application correctly. C said that the council had failed … Partly Upheld
202004993 01 Apr 2022 C complained that the council failed to reasonably respond to reports of anti-social behaviour that C had made against their … Upheld
201903967 01 Dec 2020 C complained about the way the council had handled their reports of noise nuisance about a local village hall. The … Partly Upheld
View all decisions for this organisation