Ashford Borough Council (22 016 860)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 12 Apr 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Mr X complained about the Council’s assessment of his housing application. He says he was placed in too low a banding initially and then his application was cancelled following further information. When his application was re-instated, it was on the same low banding which he believes should be higher.

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The Ombudsman’s role and powers

  1. 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 or may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, or
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered the information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied to the Council for housing in 2022. He has been living in a caravan for two years which he considers not to be secure accommodation. The Council assessed his application as Band C based on the information he had provided. He was asked to supply further details about his medical and living circumstances and the application was then considered to be non-priority.
  2. Mr X complained about the change and provided further information which resulted in the application being re-instated as Band C. he believes that this banding is still too low and asked for it to be reviewed. The review was outstanding when he complained to us. The Council says it requires further evidence of Mr X’s medical condition from a consultant before it can complete the review.
  3. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. Mr X’s review may result in a higher banding if his medical needs meet the requirements for medical priority in the allocations scheme.

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Final decision

  1. We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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