The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council decided not to offer the complainant a two bedroom home. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, says the Council did not offer a two bedroom home she had applied for. She needs two bedrooms because she has care needs.
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)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of housing providers such as Housing Associations. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
The Council does not have any housing stock. It administers the housing register but housing is provided by registered housing providers who are not part of the Council. The housing provider decides whether to offer a property.
The Council registered Mrs X on the housing register for a two bedroom property. The Council accepted that Mr & Mrs X have medical needs which mean they each need a bedroom.
In January Mrs X was shortlisted for a two bedroom home. The housing provider decided not to offer the property because it did not realise Mrs X had a two bedroom need. The Council says the housing provider has upheld Mrs X’s complaint about not offering the property.
A few days later the Council reduced Mrs X’s registration to a one bedroom need. This was because Mrs X’s husband is not currently living with Mrs X and it is not known when he will return.
On 31 January Mrs X provided medical evidence which shows she regularly needs overnight care. The Council reinstated the two bedroom need based on Mrs X needing care. The Council only had Mrs X registered for a one bedroom home from 27 January to 4 February. This does not cover the period when the housing provider decided not to offer the property.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because it was the housing provider, not the Council, that decided not to offer the property in January. The housing provider is not part of the Council so I investigate its actions.
For a few days the Council reduced the requirement to a one bedroom need while it made enquiries about Mrs X’s circumstances. It then reinstated the two bedroom need after it received new medical information about Mrs X’s care needs. This happened after the housing provider decided not to offer the property. Mrs X can apply for two bedroom homes but it will be for each housing provider to decide whether to offer the property if Mrs X makes a successful bid.
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