The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s refusal to consider him for housing in a two bedroomed house. He says it will only offer bedroom flats which are unavailable in the village where he lives and he would be separated from family support if he had to move to another town.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for housing because he is currently living in private rented accommodation in a village and needs to remain there because he has medical needs a family support. His application was awarded medical priority but he is only eligible for flats because he is a single applicant. The Council’s housing allocations policy restricts two-bedroom houses to applicants with children only due to high demand for this accommodation.
Mr X says there are no flats in the village where he lives so any offer would be in a town away from his family support. The Council acknowledges his problems but his medical award is based on his housing needs only. Because of the rural nature of its area there are limited lettings of properties in villages and often none at all. The Council uses the provisions of its published housing policy to ensure that the property which it has available is used to the maximum efficiency for its applicants.
Mr X’s landlord has recently served a s.21 notice on him to seek possession of his rented home. The Council has prepared a personal housing plan under its homeless prevention role and may have to provide interim accommodation in future if he is evicted.
The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
We recognise that the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
Final decision
We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman