Summary: Mrs X complained about the Council’s failure to give sufficient priority to her housing application. 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 placing her housing application in Band E which is a low priority category. She says she needs to move from her current home and that she should be given a higher banding.

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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)

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint.

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What I found

4. Mrs X lives in her former matrimonial home which she sold to a landlord and now she rents the property as a private tenant. She sold the property 5 years ago. She applied to the Council for housing because she wishes to move from the house and its previous associations. She says she has health problems which prevent her from working and that she is concerned that she may be unable to afford the rent in future.
5. Mrs X completed her application and included details of her health problems and special needs which her children have. The Council told her she is currently adequately housed in a 4-bedroom property and that unless her circumstances change band E is the correct banding for her situation.
6. 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.
7. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information you provided, even if the complainant thinks that the council should have given more priority to their application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

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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