Summary: Mrs X complained about the Council’s housing allocations policy and when changes in banding were applied from. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s policy of applying changes in banding from the date when a change was made. She also complained about the designation of some properties for elderly persons only.

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The Ombudsman’s role and powers

2. 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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s responses and its allocation policy.

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What I found

5. Mrs X complained that the Council had not explained to her that if a housing applicant receives additional priority their new banding will only start from the date of the change. The Council explained that this is made clear in its housing allocations policy and that it is to ensure fairness to existing high priority applicants. If an applicant’s banding is reduced their original date of application will apply.
6. Mrs X met an officer of the Council and the policy and age restrictions on some properties was explained to her. The Ombudsman has no jurisdiction to investigate how a social landlord designates its own properties for certain groups of tenants.
7. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. We do not investigate complaints just because the complainant feels they should be rehoused by a council. Unless there is fault in the assessment of the application the Council is entitled to apply its own policy conditions.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman