Summary: The Council failed to offer Miss B the next available suitable property, after it agreed to do so following a previous complaint. The Council has agreed to apologise and make a payment to Miss B. It has also agreed to make service improvements.

The complaint

1. Miss B complains that the Council wrongly recorded the areas she wishes to live in, and that because of this, she missed out on offers of suitable accommodation.
2. Miss B says that because of the Council’s failings, she remained living in unsuitable accommodation for longer than necessary.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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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How I considered this complaint

5. I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision and considered any comments received.

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What I found

Background and key events

6. Miss B previously complained to the Ombudsman that the Council had delayed providing her with suitable accommodation following a court’s decision that her accommodation was unsuitable.
7. In May 2023, we decided that the Council had wrongly prevented Miss B from bidding for properties on the housing register and that it had made direct offers of properties which were unsuitable. The Council agreed to take the actions we recommended, which included offering Miss B the next available suitable property and making a payment of £200 per month until it did so.
8. Miss B complained to us again because a property she bid on in November 2023 was not offered to her, despite being in the top bidding position. The Council says it was not offered to her because she was awaiting a direct offer of a property.
9. Miss B bid on another property in January 2024, which was also not offered to her. The Council says it was not offered to her because it was not in one of her preferred areas.
10. In February 2024, the Council told us that it had provisionally matched Miss B to a new build property. It said that it would be able to invite Miss B to view the property in March or April.
11. Miss B accepted the Council’s offer of this accommodation in March 2024. She considers she would have been living in suitable accommodation sooner if there had been no fault by the Council.

Analysis

12. Shortly after we closed Miss B’s previous complaint, the Council wrote to Miss B to confirm that she wanted a property near to a relative’s school (school Y) in a specific part of the borough (area X). It asked Mis B to let her tenancy officer know if this was not correct. I have seen no evidence of Miss B responding to this letter.
13. The property Miss B bid on in November 2023 was not in area X, but it was only one mile from school Y. Miss B had bid on it, and so clearly she considered the location to be suitable. She was in the top bidding position and so the Council should have considered whether it was suitable for Miss B. It did not do so; this was fault.
14. In January 2024, Miss B bid on another property which was around one mile from school Y. The Council did not consider whether it was suitable for Miss B because it was not in area X. This was fault.
15. Two properties became available in area X which the Council says would have been suitable for Miss B, one in January 2024 and one in February 2024. The Council says these properties were not offered to Miss B because she had been provisionally matched to the new build property. As these properties became available before the new build property, they should have been offered to Miss B. This was fault.
16. If there had been no fault in this case, I consider it likely that Miss B would have been offered suitable accommodation around three months earlier. The Council has already paid Miss B £200 for each month she was living in unsuitable accommodation. I consider the Council should also make a payment to recognise the distress and frustration Miss B experienced due to the Council’s failure to offer her suitable accommodation when it became available in November 2023 and January 2024.

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Agreed action

17. Within four weeks of my final decision, the Council will take the following actions:
• Apologise to Miss B for the failings identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making the apology.
• Make a symbolic payment of £350 to recognise the distress and frustration Miss B experienced due to the failings identified in this case.
18. Within eight weeks of my final decision, the Council will provide training or guidance to relevant officers on the procedures to follow when an applicant has been selected for a direct let. In particular, it will ensure officers properly consider any bids the applicant makes.
19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. I have completed my investigation and uphold Miss B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman