Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council should put her in band one on the housing register.

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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. I invited Ms X to comment on a draft of this decision.

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What I found

Housing allocation policy

4. The Council manages the housing register by reference to the allocation policy. The policy says that a family of five need a three bedroom home. The policy also says that a family who lack one bedroom qualify for band two on the housing register.

What happened

5. Ms X lives in a two bedroom flat. She lives with her partner and three children. Ms X is expecting a baby next year.
6. Ms X joined the housing register in July. The Council placed her in band two and registered her for a three bedroom home.
7. Ms X says the Council should place her in band one because the overcrowded conditions are having a severe impact on the family.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X lacks a bedroom. The policy says that people who need an extra bedroom qualify for band two. I have checked the qualifying conditions for band one and none of them apply to Ms X. The Council’s decision to place Ms X in band two is consistent with the policy so there is no reason to start an investigation.

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Final decision

9. 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