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 placing her housing application in Band C priority. She says that she suffers from a mental health condition and that her current rented home makes the condition worse. She wants the Council to place her in a higher priority banding because of her health issues.

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

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My assessment

5. Miss X approached the Council as potentially homeless in January 2023. Her lease agreement was due to change and she says it will be unaffordable for her. She also says that she feels unsafe in her rented home and that her mental health condition is affected by anti-social behaviour and crime in her local area.
6. The Council allocated her application as Band C under its policy which is applied to homeless applications under the prevention duty where there are no urgent or emergency grounds to move. Miss X believes that her mental health condition was not properly considered and she asked for a review of her banding.
7. The Council reviewed her case but the banding remains as Band C because it says that her condition is not being exacerbated by the property she is occupying. It has not yet competed a homeless decision on her case but she will have an opportunity to challenge the decision by way of review and an appeal to the courts if she disagrees with the outcome.
8. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if an applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding.

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Final decision

9. 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