Summary: We will not investigate this complaint about how the Council managed an application on its housing register. This is because any injustice is not significant enough to justify our involvement and further investigation will not lead to a different outcome.

The complaint

1. Mrs X complains the Council incorrectly removed areas that she could bid on from her housing register application. Mrs X believes this has resulted in her position on the housing register changing and this has prevented her from being housed in several locations.
2. Mrs X also complains the Council will not tell her position on the housing register; has housed other people more quickly than her and has failed to upload confidential information to her housing application. Mrs X would like the Council to consider her under the main housing duty.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by the complainant and the Council’s responses.
6. I considered information from the Council’s website.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council said in February 2023 it mistakenly removed all areas, other than areas of choice, from Mrs X’s housing record. The Council said it rectified this error in March 2023. To consider the impact of this error on Mrs X, it reviewed all properties allocated during this period that matched the size of property Mrs X was waiting for. It found that one property was allocated, but explained to Mrs X that she would not have been eligible for it, as it was allocated to a household with an earlier band date. The Council has confirmed that, despite this error, Mrs X’s placement is related to her band date, and this has not changed.
9. We will not investigate this complaint. This is because the Council apologised for the fault and amended the housing records. The error has not affected Miss X’s banding priority, nor would she have been housed quicker. There is nothing to suggest the error has caused Mrs X significant injustice.
10. Mrs X also complains the Council has not provided her with her position on the housing register before and after the error. The Council’s website states that it is unable to provide individuals with their position on the register because this can change. Further investigation on this aspect of the complaint would not lead to a different outcome.
11. Although Mrs X believes other people have been housed quicker than she has, the Council says this is not the case. It reviewed all properties allocated since Mrs X joined the housing register, that were the same size she required. It found that every allocation made within Mrs X’s areas of choice was carried out in line with its housing policy. Therefore, there is not enough evidence of fault to justify investigating.
12. Mrs X complains about the way the Council handled confidential information, including medical records. She said it failed to upload these to her housing application. Mrs X has complained to the Information Commissioners Office (ICO) about this. The ICO is based placed to deal with complaints about the handling of personal information. Therefore, there is nothing worthwhile to be achieved through our consideration of this complaint. It is, reasonable for Mrs X to pursue it with the ICO.

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Final decision

13. We will not investigate Mrs X’s complaint because any injustice is not significant enough to justify our involvement and further investigation will not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman