The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council will not make a direct offer of a new home or adapt the complainant’s home. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not make a direct offer or adapt his home. Mr X has a disabled child and needs to move to a four bedroom property.
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 Associations. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The Council follows its allocations policy when offering properties. The policy says the Council will make offers to people in Band A in date order.
Mr X is a Housing Association tenant. In 2021 the Housing Association decided his home cannot be adapted to meet the needs of the family and disabled child. This decision followed an assessment arranged by the Housing Association.
Mr X is on the housing register. He is in band A due to overriding medical issues. Band A is the top band. Mr X is registered for a four bedroom property. The Council told Mr X that properties are allocated to band A applicants in date order and there are six applicants ahead of him who also have an urgent need to move. The Council told Mr X it will not make a direct offer because that would be unfair to the other band A applicants.
The Council explained the responsibility for adapting his home rests with the Housing Association and the Housing Association has decided it is not possible to adapt his home.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council accepts Mr X has an urgent need to move and has placed him in the top band on the housing register. It has also explained that it offers homes in date order. The Council’s decision reflects the policy so there is no reason to start an investigation. And, as the Council has said, it would be unfair to the other applicants if the Council were to house Mr X ahead of other people who also have an urgent need to move. The Council only makes a direct offer in exceptional circumstances. There are no exceptional circumstances in this case because the overriding medical need is recognised in the band A award.
We are not an appeal body. We have no power to rehouse Mr X or to tell the Council to offer a home when such an offer would be contrary to the policy.
I cannot investigate the Housing Association’s decision that it cannot adapt Mr X’s home. If Mr X thinks the Housing Association decision is wrong he can complain to the Housing Association.
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