Summary: We will not investigate this complaint about delay in the Council reviewing Miss X’s housing band. This is because the accepted fault has not caused Miss X any significant injustice. In addition, it is reasonable for Miss X to ask the council to review its decision.

The complaint

1. Miss X complains the Council delayed in reviewing her housing band. She says she provided medical evidence in April 2023, but the Council did not review her housing band until September 2023.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement,
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

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

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My assessment

5. In April 2023, Miss X provided the Council with medical evidence from her doctor to support her housing application. Miss X wanted the Council to review her housing band and to award her health priority.
6. The Council did not review Miss X’s housing band until September 2023. The Council has accepted there was delay. However, the Council’s decision was that Miss X’s housing band should not change and the evidence Miss X provided did not meet the threshold for an award of health priority. The Council has written to Miss X to explain its reasons for the decision.
7. An investigation is not justified as the accepted delay has not caused significant injustice to Miss X. I accept the delay will have caused Miss X some frustration. However, as Miss X’s banding was not changed, there has been no determinant to Miss X’s housing register position.
8. In addition, Miss X has a right to request a review of the Council’s decision. It is reasonable for Miss X to ask the Council to review its decision if she disagrees with it.

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Final decision

9. We will not investigate Miss X’s complaint because the accepted fault has not caused Miss X any significant injustice. In addition, it is reasonable for Miss X to ask the council to review its decision.

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Investigator's decision on behalf of the Ombudsman