Summary: We will not investigate this housing register complaint because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council told him he would get a three bedroom house. He wants the Council to offer a three bedroom house.

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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 Mr X and the Council. This includes the complaint correspondence and the lettings policy. I also considered our Assessment Code.

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My assessment

4. The Council must allocate properties in accordance with the lettings policy. The policy does not allow the Council to offer a property at the request of a MP.
5. Mr X lives in a two bedroom property with his partner and two children. Mr X is on the housing register and can bid for three bedroom properties. Mr X is in band two because he lives in overcrowded conditions.
6. Mr X became aware of a property that would be ideal for his family. Mr X’s MP told the Council Mr X was interested. In response the Council told the MP the property was not ready to let.
7. Mr X’s partner (Ms Y) subsequently saw someone viewing the property even though it had not been advertised. Ms Y says the person said the Council had offered the house to her.
8. In response to the complaint the Council explained it had not let the property. It said it could not comment on the circumstances of other people and said it can only offer a property in accordance with the policy.
9. The Council confirmed Mr X is in the correct band. It measured Mr X’s current home and established he is not eligible for a higher band because, while he needs a larger property, he is not statutorily overcrowded. The Council tried to manage Mr X’s expectations by telling him that in the last three years it had not let any three bedroom homes to families from band two. It suggested he make as many bids as possible and consider other options. The Council accepted it could have given a clearer response to the MP and made a payment to Mr X to recognise the uncertainty this caused.
10. Mr X found a home and the MP explained why it would meet Mr X’s housing needs. But, the policy does not allow the Council to allocate a property due to the involvement of a MP; it can only offer a property if the applicant makes a successful bid or if the policy allows for a direct offer.
11. I do not know the details surrounding the person who viewed the property and, if I did, I could not share any information due to data protection. But, the Council confirmed it handled the property in accordance with the policy and there is no evidence that is incorrect. It is unlikely Mr X will know the full circumstances of any successful applicant and is unlikely to have the information to know if a property was let correctly.
12. The Council recognised that its response to the MP could have been better but it has provided a remedy and this does not need an investigation.

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Final decision

13. 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