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

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council placed him in band B on the housing register. Mr X wants the Council to place him in band A and offer an immediate viewing.

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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 Mr X and the Council. This includes the Council’s banding decisions. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. Mr X lives in a one bedroom flat with his wife and three children. Two of his children have health needs. Mr X is in band B on the housing register and is registered for a three bedroom property. He also has band C medical priority which means the Council recognises the property has a moderate medical impact.
5. Mr X asked for a review and said he should be in band A. In response the Council said band B is correct because Mr X is overcrowded by two bedrooms. The Council accepted the property has some medical impact but said that is reflected in the band C medical award. The Council said there was nothing to suggest there was a critical medical need to move. The Council confirmed band B is correct.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. We are not an appeal body and we cannot change someone’s priority on the housing register. I have considered the allocations policy and the Council’s decision to place Mr X in band B flows from his circumstances and the policy. It is accepted he needs a larger home and that living in overcrowded conditions causes problems – but that is why he has been awarded band B. I have considered the qualifying conditions for band A and there is no suggestion of fault in the way the Council has decided that band A does not apply. The Council has explained that Mr X can ask for another review if the impact on any family member becomes more severe.

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Final decision

7. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman