Summary: We will not investigate this complaint about how the Council assessed the complainants housing priority. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr and Mrs X complained about the Council’s decision not to award them priority on the housing register. They said their property was overcrowded and that this was negatively affecting the family’s wellbeing. They want the Council to increase their priority on its housing register.

Back to top

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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We will not investigate this complaint about how the Council considered Mr and Mrs X’s housing priority. The Council reviewed Mr and Mrs X’s housing arrangements in line with guidance on statutory overcrowding and its own policy. It said they were not statutory overcrowded therefore were not eligible for priority need. Although Mr and Mrs X are unhappy with this decision, there is not enough evidence of fault in how it was made to justify our involvement.
7. In addition, on review the Council decided to exercise its discretion to award a higher banding based on the family circumstances. We could not add to this outcome.

Back to top

Final decision

8. We will not investigate Mr and Mrs X’s complaint that is because there is not enough evidence of fault in how the Council made its housing decision to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman