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

The complaint

1. The complainant, whom I refer to as Ms X, complains about her banding on the housing register. She would like the Council to give her a new home in a location that would be more appropriate for her circumstances.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the housing allocation policy and invited Ms X to comment on a draft of this decision.

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What I found

Allocations policy

4. The Council places people in bands on the housing register to help it determine priority for housing. Band A is the top band. The Council places people in band E if the applicant has no housing need (as defined by the policy).

What happened

5. Ms X was living in unsuitable accommodation. She was desperate to move so she accepted a home in a different area to where she grew up. Ms X moved to a two bedroom which she has described as “lovely”.
6. In early 2019 Ms X applied to join the housing register because she wants to move back to the area where she grew up and where her family and support systems are. She is due to start a course in 2020 and wants to live nearer to the place of study. Ms X provides help and support to other family members in the area where she grew up.
7. The Council accepted the application and placed Ms X in band E because she is adequately housed.
8. Ms X wants the Council to place her in a higher band. Ideally she would like the Council to give her one of the new build properties which are being built in her preferred location.
9. The Council reviewed the application but confirmed its decision to place Ms X in band E.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X lives in a two bedroom house and there is nothing to suggest it is unsatisfactory in anything other than location. Unfortunately for Ms X, a need or wish to move to another location is not a ground on which the Council awards greater priority on the housing register. The Council’s decision to place Ms X in band E is consistent with the policy so there is no reason to start an investigation.
11. In addition, the Council could not simply allocate one of the new builds to Ms X because it has to allocate homes in accordance with the allocations policy. And, even if Ms X had not accepted her current home, preferring to wait until the new builds were ready, there is no guarantee she would have made a successful bid.
12. The Ombudsman does not act as an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with and he cannot ask the Council to act in a way which would be contrary to the allocations policy.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman