Summary: Miss X complained about the Council’s assessment of 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. Miss X complained about the Council giving her housing application band C priority when she says her medical and overcrowding situation should give her a higher priority under the allocations procedure.

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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 Miss X submitted with her complaint. Miss X has commented on a draft copy of my decision.

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What I found

4. Miss X applied to the Council for larger accommodation because her one-bedroom housing association property is too small for her and her three small children. She says she has medical conditions which make movement and stairs difficult to manage and wants a three-bedroom property.
5. The Council assessed her application and gave her band C priority which takes into account the lack of bedrooms in her home. Because her flat has a lift access her medical requirements were not sufficient to warrant a higher banding which is reserved for those with medical needs requiring an urgent need to move.
6. Miss X disagreed with the banding and asked the Council to carry out a review. The Council reviewed her case in April 2020 but decided that the current banding is correct for her circumstances.
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 provided, even if the applicant 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.

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Investigator's decision on behalf of the Ombudsman