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 place her in band two on the housing register.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X lives in a two bedroom flat with four family members. This includes a child with a disability. Ms X is in band three on the housing register and is registered for a three bedroom home. She has priority for overcrowding and medical issues. The Council says its records state that are four people on the housing application. Ms X may wish to contact the Council to make sure the details on her application are correct.
5. Ms X asked the Council to move her into band two on the housing register. She says her son needs his own room. Ms X had also reported some inappropriate behaviour by one of the children.
6. The Council considered evidence from Ms X’s GP and social worker. It noted that while the authorities had considered Ms X’s reports of inappropriate behaviour they had decided it was not necessary to take any action. The Council confirmed band three is correct because the family lacks a bedroom and there are medical needs.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered the evidence but decided Ms X does not qualify for band two. I have read the qualifying rules for band two and none of them apply to Ms X’s circumstances. Band two does not have a section for medical needs and Ms X is not lacking two bedrooms. The Council’s decision to place Ms X in band three is consistent with the policy so there is no reason to start an investigation. We are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

8. 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