Summary: Mrs X complained about the Council’s assessment of her housing application. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained that her current banding of 2A on the housing register is too low and she is unlikely to be rehoused in the future. She believes her overcrowding and disrepair in her rented her should give her the highest banding on the list.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mrs X applied to the Council for rehousing because her current home is overcrowded and suffers from disrepair. She was awarded Band 2A on the list for being short of 2 bedrooms and her husband’s employment connection. The Council’s Banding list normally places applicants with 2 bedroom shortage in Band 3. The Council says she is currently at the top of the banding and could not obtain higher status in her present situation.
6. In March 2021 she reported disrepair at the property to the Council. The Housing Disrepair Team inspected the property and advised the landlord what repair works it had identified. The Council says it is satisfied the landlord has remedied the repairs to its satisfaction and will not pursue the matter further.
7. The Ombudsman may not find fault with a council’s assessment of a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
8. 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 believes that the council should have given more priority to the 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

9. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman