Summary: Miss X complained about the time she has been waiting to be offered a new property. We find no fault in the Council’s actions or its decision making.

The complaint

1. Miss X complained about the length of time she has been waiting to be offered a new property.
2. Miss X also complained that she was invited to view a property in 2022, that was then given to another family.
3. Miss X says that she continues to live in a property that is not safe for her son, causing her stress and anxiety.
4. She wants the Council to make her an offer of a property.

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The Ombudsman’s role and powers

5. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

7. I have not investigated Miss X’s complaint about the house viewing in 2022. This is because Miss X was aware of this for more than 12 months before she complained to us. This is therefore a late complaint and there are no good reasons to investigate it now.

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How I considered this complaint

8. I spoke to Miss X and considered the information she provided.
9. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Housing allocations

10. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
11. 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.
12. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman 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.

What happened

13. In 2020, Miss X applied to the Council for housing priority due to her son, Y’s health. Y has a severe long-term limiting condition and a permanent and substantial disability. As part of the process, the Council arranged an assessment, during which Miss X expressed concerns about her son’s behaviour and the risks posed by their current property. Based on the assessment, the Council awarded extenuating medical priority, placing them in Band 1A, the highest priority banding available.
14. In 2024, Miss X submitted a medical assessment application form for Y. The Council wrote to Miss X and explained it would not proceed with a further assessment as she had already been awarded medical priority for her housing application.
15. Miss X sought the support of a family member Miss Z who contacted various services to emphasise the safety concerns in the current property. These concerns were the same as those raised by Miss X during the initial assessment. Miss Z also submitted additional medical evidence, showing further diagnoses for Y.

My findings

16. I have found no evidence of fault in the Council’s actions. In 2020, Miss X informed the Council of her son’s needs, and the risks posed by her current property. The Council awarded her the highest priority banding (Band 1A) based on this information. The additional evidence submitted since then does not change her priority banding, as the risks raised were already considered during the initial assessment.
17. I understand and empathise with Miss X’s frustration about the wait for a new property and the impact this has on her and her family. However, the Council has been transparent about the limited availability of social housing and has shared average waiting times. Miss X has not been waiting as long as the average applicant in her banding.

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Final decision

18. I have completed my investigation. There was no fault in the Council’s actions or decision making.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman