The Ombudsman's final decision
Summary: Mrs X complained about delays in rehousing her. We ended our investigation into Mrs X’s complaint. It was unlikely further investigation would lead to a different outcome, since the Council offered, and Mrs X accepted, a property more suitable for her needs.
The complaint
Mrs X complains about delays in rehousing her since she joined the Council’s housing register in 2020. She says the Council offered her one unsuitable property in 2022 and has not offered her any other properties since. She also says the Council has not taken any action after her husband became seriously ill and it continues to charge her full rent on her unsuitable home.
As a result, Mrs X says she has been living in unsuitable accommodation for too long and this has caused her and her family significant distress. She wants the Council to rehouse her in a suitable property which meets her needs.
The Ombudsman’s role and powers
We investigate 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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating; or any fault has not caused injustice to the person who complained; or any injustice is not significant enough to justify our involvement; or we could not add to any previous investigation by the organisation; or further investigation would not lead to a different outcome; or we cannot achieve the outcome someone wants; or there is another body better placed to consider this complaint; or it would be reasonable for the person to ask for a council review or appeal; or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered the information Mrs X provided and discussed the complaint with her.
I also considered the Council’s comments on the complaint and the supporting information it provided.
Mrs X and the Councils had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
Ending my investigation During my investigation, the Council identified several properties which were suitable for Mrs and Mr X. This was due, according to the Council, to a change in Mrs X’s household which meant that she needed fewer bedrooms and so there were a greater number of suitable properties available.
Since then, the Council has made, and Mrs X has accepted, an offer of a suitable, ground-floor property.
It is unlikely that further investigation by the Ombudsman would result in a different outcome for Mrs X or her family.
It is also unlikely I would find fault with how the Council previously managed Mrs X’s housing priority, as the evidence suggests it had awarded her the correct priority under its housing allocation scheme.
I cannot investigate how the Council has managed or charged Mrs X’s rent, as this is about how the Council managed social housing acting as a registered social housing provider.
Final decision
I have ended my investigation. It is unlikely further investigation would lead to a different outcome for Mrs X and her family.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman