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

The complaint

1. Miss X complained about the Council’s assessment and review of her housing application. She says that she should be in a higher banding after asking for a review of neighbour problems which she has been experiencing.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocation policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to the Council for rehousing because she says she is suffering from her neighbours’ behaviour. She involved the Police when she said a neighbour assaulted her but the Police failed to charge the party involved. She has complained about shouting, children playing unsupervised in a car park and other anti-social behaviour.

Her application was given moderate banding of Band C and she believed this does not fairly represent her housing need. She asked the Council to review the priority following her request or Community Trigger involvement over her neighbours. The Council reviewed her complaint but did not believe that the additional information was sufficient to give her a higher banding than Band C under its allocations scheme.

6. 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. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

The Council has considered Miss X’s request for a review and did not give the application higher banding based on the information it has because this was not sufficient to meet Band B status.

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Final decision

7. We will not investigate this complaint about the Council’s assessment of Miss 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