Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing application. Mr X is unhappy the Council has not allocated him a banding priority and says the Council’s policy discriminates based on ethnicity. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s handling of his housing application. He is unhappy the Council has not allocated him a banding priority and says the Council’s allocation policy discriminates based on ethnicity.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X submitted a housing application. The Council assessed his application but decided he did not meet any of the criteria in accordance with the allocations policy that would place him into Band A, B, C or D. The Council therefore placed Mr X on the inactive part of the housing register.
6. There is no evidence of fault with how the Council considered Mr X’s housing application. The evidence shows the Council assessed Mr X’s application in line with its allocations policy.
7. Mr X said the Council’s allocations policy discriminated based on ethnicity. Mr X did not provide any specific information as to why he considered this. I have reviewed the Council’s allocations policy and there is insufficient evidence to support Mr X’s view.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman