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 of her housing application. She says that its officers failed to properly explain how her application could only be given the lowest Banding in the allocations policy.

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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 allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to the Council’s housing list form a different Council area. She had already registered a homeless application with the Council she is resident with but wanted to be considered for the housing in other areas. The Council assessed her application as Band 5 which is applied to all applicants who do not have a local connection in line with its allocation policy.
6. Miss X asked why she had not been assessed for her medical needs before the banding was decided. The Council told her that it was possible to carry out a medical assessment but regardless of the outcome the out of area banding would apply and override other needs. It suggested that if she was making a homeless application and moving to the area to avoid domestic violence it would use its discretion to discard the local connection requirement. Miss X has already made a homeless application not another authority and was not presenting as homeless to the Council here.
7. The Localism Act 2011 gave councils powers to devise their own housing allocation criteria. Most councils do not accept out of area applications with a local connection due to the shortage of accommodation. This Council accepts applicants but only for the lowest banding if they do not have a connection.
8. The Council’s officers made it clear to Miss X that Band 5 was the highest priority she could be awarded for her circumstances. She is unhappy with the decision but it is set out I the allocations policy.
9. 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.

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Final decision

10. 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