The Ombudsman's final decision
Summary: We will not investigate this complaint about a property the Council offered to the complainant in error. This is because the Council has provided a fair and proportionate response and it is unlikely an investigation would lead to a different outcome.
The complaint
The complainant, whom I refer to as Ms X, complains the Council offered a property and then withdrew the offer. Ms X wants the Council to make an alternative offer or increase her priority on the housing register.
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: the Council has already provided a fair response, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X. This includes the complaint correspondence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
Ms X applied for a three bedroom home which the Council had advertised. Her bid was successful and the Council offered the property to her. While arranging the viewing the Council realised the property has a dining room and should have been advertised as a four bedroom home. The Council withdrew the offer because Ms X has a three bedroom need.
The Council explained what had gone wrong and apologised for the distress the error had caused. It explained Ms X has not missed out on an offer of suitable accommodation and she can continue to bid for three bedroom homes. The Council said it could not increase Ms X’s priority on the housing register because that is based on housing need as determined by the allocations policy. The Council said it is taking steps to ensure the error is not repeated.
I will not investigate this complaint because the Council has provided a fair response and it is unlikely an investigation would lead to a different outcome. The Council has explained what went wrong, apologised and said it will address the error to make sure it is not repeated. The Council explained why it cannot increase Ms X’s banding and it cannot make an alternative offer because Ms X has not lost out on an offer of a three bedroom home. I appreciate having an offer withdrawn was upsetting and stressful but, having considered the Council’s response, an investigation is not needed. The error is not one that would or could warrant a direct offer or increased priority on the housing register.
Final decision
We will not start an investigation because the Council has provided a fair response and it is unlikely an investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman