Bury Metropolitan Borough Council (24 016 889)

Category : Housing > Allocations

Decision : Upheld

Decision date : 19 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a property the Council offered to the complainant in error. This is because the Council has provided a satisfactory response.

The complaint

  1. The complainant, Mrs X, complains the Council offered a property and then withdrew it. She says the Council could remove some of the adaptations and allow her to have the property.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Mrs X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

  1. The Council offered a property to Mrs X but withdrew the offer a few weeks later, just as Mrs X was about to sign for it. The Council withdrew the property because it realised it is adapted for families with mobility issues and Mrs X does not need an adapted home. The adaptations include a ramp, widened doors, level access shower and a stair lift.
  2. The Council apologised for the disappointment and upset. It said it will review its data to stop the error being repeated. It explained it has limited housing stock and must offer adapted properties to people who need them. The Council offered £300 in recognition of the impact on the family.
  3. Mrs X says she could live with some of the adaptations and would only need the Council to put in a bath and remove the stair lift. She says the £300 could be used as a contribution towards these costs. Mrs X suggests the photographs provided by the Council are wrong and says the withdrawal of the property has affected the family.
  4. The Council made an error by offering an adapted property to a family that does not need adaptations. I appreciate Mrs X was disappointed when the Council withdrew the offer but I will not start an investigation because the Council has provided a satisfactory response. It apologised, explained why it cannot offer the property, referred to the learning it has taken from the complaint, and offered £300. This is an appropriate response and there is nothing more we would ask the Council to do. We could not ask the Council to restore the offer because Mrs X does not need an adapted home and it would remove a property for use by wheelchair users and other people with mobility needs.
  5. Mrs X says the Council could remove some of the adaptations. But, as the Council has explained, it must keep adapted homes for people who need them. Mrs X has questioned the accuracy of the photographs but, as she agrees the property is adapted, this is not an issue we need to pursue.

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Final decision

  1. We will not investigate this complaint because the Council has provided a satisfactory response.

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Investigator's decision on behalf of the Ombudsman

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