Summary: We will not investigate this complaint about a housing offer which was made in error then withdrawn. This is because the Council has provided a fair remedy.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council made a housing offer and then withdrew it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. 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.

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My assessment

4. Mr X viewed a property. The Council offered the property to him on 27 October and then withdrew the offer on 4 November.
5. The Council offers properties to the person with the highest priority; if that person refuses the offer the property is offered to the person with the next highest priority.
6. In response to his complaint the Council explained there had been a miscommunication and the person with more priority than Mr X had not refused the offer but had asked for time to think about it. That person had considered the offer and then decided to accept it. But, in the interim, the Council wrongly offered the property to Mr X. The Council said the other person had more priority than Mr X so it was correct the property was allocated to the other person.
7. As a remedy the Council offered Mr X £100 for a delayed complaint response, £159 to reflect the difference in rent for the period when he thought he had been offered a property, and a direct offer. The direct offer means the Council will offer Mr X the next suitable property that becomes available. The Council also apologised, explained what had gone wrong, and said it will provide clearer guidance to staff about the process of offering properties.
8. The Council has subsequently made a direct offer. Mr X refused the offer because he did not think the property was suitable.
9. We will not investigate this complaint because the Council has already provided a fair remedy and there is nothing more we would ask it to do. It awarded compensation because it delayed responding to the complaint and provided a detailed explanation of what went wrong. The Council registered Mr X for a direct offer, apologised and made a payment to reflect the different in rent. It also issued guidance to help prevent similar problems happening again.
10. Mr X says he wants an explanation for the delay in responding to his complaint but, while I appreciate he may want more information, this is not an issue that requires an investigation from us.

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Final decision

11. We will not investigate complaint this because the Council has already provided a fair remedy.

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Investigator's decision on behalf of the Ombudsman