Ombudsman urges housing policy reform and powers for own motion investigation

The Public Services Ombudsman, Wendy Cumming, has called for the introduction of clearer housing allocation policies and the enactment of legislation enabling her office to launch investigations without needing a formal complaint. 

In her an annual report for 2024 laid in Parliament this week, Ms Cumming said her office had identified 11 separate social housing categories, including three that are not disclosed to the public. She raised concerns that the current system creates confusion and hinders transparency. 

“My observation on this large number of lists is that it creates confusion as to who the priority applicant is at any given time, as at all times, there will be 11 applicants who are ‘top of the list’,” she said in the report. 

“Whenever a flat becomes available, which of the 11 applicants who are ‘top of the list’ should be allocated the property?” 

“It is harder for these lists to be scrutinised by applicants or by the public – indeed, in some cases impossible, as some of these lists are not disclosed – and it is harder to assess the fairness of decisions to allocate properties.” 

“I would welcome a simplification of this system and a narrowing of the categories currently in place to allow for greater transparency and accountability.” 

“It is important to note that the Principal Housing Officer and his team would also welcome a more streamlined set of categories, which would be easier to manage and they have confirmed that they are actively working towards this outcome.” 

Ms Cumming also called for the creation of a legal or policy framework for the existing mechanism allowing applicants to receive up to 1000 extra points via a ministerial recommendation to the Housing Allocation Committee. 

She confirmed there is no written framework governing this process and noted that the committee has never declined a ministerial recommendation. 

“This suggests that the minister’s recommendation, in practice, functions like a discretionary power,” she said. 

“It is concerning that there is no legal, regulatory or policy framework that sets out this mechanism for the award of 1000 points.” 

She also noted that the Housing Allocation Scheme (Revised 1994) is not publicly available to applicants. 

“This lack of scrutiny and accountability can lead to unfairness and it is imperative for more transparent processes to be adopted to create an even playing field for all applicants,” Ms Cumming said. 

“All applicants should be aware of the mechanisms in place to apply for points, and the mechanisms currently in place should be available to all applicants.” 

Ms Cumming also recommended that the Government of Gibraltar adopt a formal policy to support applicants who were previously homeowners but now require social housing due to circumstances beyond their control. 

“It is my firm view that unfairness can result where complaints are considered on a case by case basis where there is no criteria, policy or framework to underpin the decision making,” she said in the report. 

“The creation of a policy would ensure an even playing field for all applicants.” 

“Indeed, it is essential that any rules regarding the scarce housing stock need to be very clear and transparent in order to ensure that government rentals are both allocated fairly and are seen to be allocated fairly.” 

“When resources are in great demand, a demonstrably fair distribution of these resources is required to ensure transparency and accountability in respect of the entire allocation process.” 

“To this end, greater clarity is needed in respect of the categorisation of applicants into different housing lists.” 

OWN MOTION INVESTIGATIONS 

In the report, Ms Cumming renewed her call for legislative reform to allow her office to initiate investigations without a complaint, known as “own motion investigations”. 

This issue is not new and has been raised on numerous occasions by former Ombudsmen. 

She said this power would be critical in cases where individuals may be unable or unwilling to file complaints, despite the existence of possible unfairness. 

“Even though this would certainly increase workload, all Gibraltar Public Services Ombudsman have advocated for the implementation of own motion investigations, as they will allow our office to bring attention to significant matters of public interest and add real value to our work, always with the aim of creating tangible improvements to the lives of the people we serve,” she said. 

Although Parliament passed a motion in December 2019 in favour of this change, Ms Cumming noted that no draft bill has since been presented. 

“With great regret, I can only conclude that there is no political will to implement own-motion investigations, in spite of the fact that this was approved by Parliament, via a parliamentary motion that was voted on and carried on the 20th December 2019,” she said. 

“Interestingly, it appears that the Principal Auditor also finds himself in a very similar situation – awaiting the enactment of legislation that will allow him to better fulfil his role and his obligations to our community.” 

“The GSLP/Liberal Manifesto 2011 stated that audit legislation would be reviewed ‘to secure a more modern and efficient public audit service that is fully independent of the Government. We will work on bringing legislation on this subject to the Parliament during our first year of Government.’”  

“This commitment has been reiterated in the GSLP/Liberals Manifesto 2015 and the GSLP/Liberals Manifesto 2023, but to date, a draft bill on audit legislation has not been presented to Parliament.”