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, complains the Council has not provided a larger home and says the Council should increase her priority 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. This includes the complaint correspondence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. The allocations policy says the Council will put people who need an extra bedroom in band C on the housing register.
5. Ms X lives in a two bedroom flat with her partner and three children. Ms X is in band C on the housing register because she needs another bedroom.
6. Ms X complained about the overcrowding. The Council visited to do an assessment and found Ms X had divided one of the rooms into two single bedrooms. Ms X did not have permission to create a third bedroom. The Council said it would have to do a further assessment to decide if Ms X could keep the extra bedroom. The Council said if Ms X was allowed to keep the partition then her priority would decrease to band D as she would no longer lack a bedroom. Ms X told us she will remove the partition.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council placed Ms X in band C because she lacks a bedroom. The decision is correct providing Ms X removes the unauthorised partition. The Council’s decision reflects the policy so there is no reason to start an investigation. I appreciate Ms X needs a larger home but we are not an appeal body and could not ask the Council to re-house Ms X, or increase her banding, when that would be contrary to the policy.

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Final decision

8. We 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