Summary: We will not investigate this complaint that the Council has not provided the complainant with ground floor accommodation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says she regularly bids but the Council has not offered a new home which would meet the needs of her child. Ms X wants us to intervene to help her move to ground floor accommodation or to gain more priority on the housing register.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the Council’s response. I also considered our Assessment Code.

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My assessment

4. The Council places people in bands on the housing register to determine priority. Band A is the top band; band B is the correct band for someone who needs to move to ground floor accommodation for medical reasons. Applicants bid for properties and the Council offers the property to the bidder with the most priority. There are more than 23,000 people on the waiting list, many with an urgent need to move.
5. Ms X is in Band B because she needs to move to ground floor accommodation to ensure the safety of her child for medical reasons. She bids every week but has not been successful. Ms X is worried about the safety of her child and wants us to advocate on her behalf to secure a new home or more priority on the housing register.
6. In response to her complaint the Council explained how the bidding system works. It acknowledged Ms X’s need to move but also referred to the lack of social housing and the high number of people who, like Ms X, need to move. The Council did not uphold her complaint because it is handling her housing application in accordance with the policy. The Council encouraged Ms X to continue to bid and to explore other housing options; it said it might be able to provide financial support with alternative housing options.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and we do act as advocates or offer direct advice or assistance. We can only intervene if there is evidence of fault in the way the Council handled the housing application and there is no suggestion of fault.
8. I considered the allocations policy and band B is the correct band because Ms X has a medical need to move to the ground floor. There is no emergency band and nothing to suggest she would qualify for band A. The Council responded appropriately by explaining how the bidding system works and saying it must treat all applicants fairly and in accordance with the policy. There are many people who, like Ms X, have a pressing need to move and the Council cannot prioritise one applicant over another outside the bidding system. The Council correctly explained that Ms X could explore other options for which the Council might be able to offer financial support.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman