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 she is in band D on the housing register and cannot increase her priority. She has recently found out she is unlikely to make a successful bid and says she has been misled because she has a bidding number. Ms X wants the same chance as everyone else to get a two bedroom home.

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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 Council’s allocation policy says that people who have a housing need, but do not have a local connection with the area, will be placed in band D. People in bands A to C have more priority and are more likely to make a successful bid for housing. People in band D can be bid but are unlikely to be successful.
5. Ms X does not have a local connection. She is on the housing register in band D. Ms X says the banding is unfair and she should be able to have more priority so she has an equal chance of securing a home.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says that people with no local connection will have reduced priority and will be restricted to band D. The policy does not allow people with no local connection to move into bands A to C. Ms X may disagree but as the banding reflects the policy there is no reason to start an investigation.
7. We are not an appeal body and cannot ask the Council to increase Ms X’s banding when that would be contrary to the policy. If Ms X thinks people without a local connection should have access to a higher band, then she would need to lobby the Council for a change in the policy. It is for the Council, not us, to decide how its allocation scheme will work.

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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