Summary: We will not investigate this complaint about the Council not following its Housing Allocations Policy. The Council has agreed to resolve the complaint early by completing a review of the information provided by the complainant. That is a proportionate remedy for any injustice caused.

The complaint

1. Mr X complained the Council failed to follow the correct process when he provided new information about his housing needs. He said his health had deteriorated and his property no-longer met his needs. He said the Council’s housing welfare panel should have reviewed the new information, but this did not happen. He believes the Council’s decision not to award him a higher banding is incorrect.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Council’s Housing Allocations Policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied to join the Council’s housing register in late 2022. He said he had health needs that meant his property did not meet his needs. The Council’s Welfare Assessment Panel considered his application and accepted he needed to move on health and welfare grounds. It awarded him priority banding.
7. Several months later, Mr X provided an Occupational Therapists assessment to the Council. He said his health needs had deteriorated further. The Council treated the information provided as a late review request. It wrote to Mr X and said his banding remained the same. The Welfare Assessment Panel did not consider the information provided.
8. If we investigated this complaint, it is likely we would find fault causing the complainant injustice. That is because the Council should have treated the information Mr X provided as a change in circumstances and asked him to submit a new welfare form. That new information should have been considered by the Welfare Assessment Panel in line with its Housing Allocations Policy.
9. The Council decided to use its discretion and consider the information provided by Mr X as a late review. As it was a review of Mr X’s welfare banding, the Welfare Assessment Panel should have considered the information provided.
10. We therefore asked the Council to remedy any injustice caused by asking it Welfare Assessment Panel to consider the information provided by Mr X and issue a new banding decision. To its credit, the Council has agreed to resolve the complaint. It has agreed to do this within four weeks of our final decision.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman