London Borough of Southwark (23 007 667)

Category : Housing > Allocations

Decision : Upheld

Decision date : 24 Sep 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council incorrectly recording the housing priority band of Miss X. This is because we could not add to any previous investigation and any further investigation would not lead to a different outcome.

The complaint

  1. Miss X says the Council advised that if she found a private sector property to live in her housing priority band would be increased from Band three to Band two. Miss X did this but says that the Council did not reflect the change in their records.
  2. Miss X says she has not been able to bid for any Band two properties because of this and that she has been caused mental and financial distress.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome.

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

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has confirmed Miss X should have been awarded Band two priority when she located a private sector property but this was not recorded at the time.
  2. The Council has also said had Miss X’s housing priority band been correct she would have not been successful for properties she bid for as there were other people with higher priority than her anyway.
  3. The Council has now correctly recorded Miss X’s housing priority band and apologised to Miss X. We could not add anything to the investigation by the Council and it is unlikely that the outcome would be any different if we were to investigate.
  4. I understand there was also a delay in dealing with Miss X’s complaint which the Council has apologised for and offered to pay Miss X a sum to recognise her frustration and uncertainty.
  5. It is not proportionate for us to investigate any delay in dealing with Miss X’s complaint as a stand-alone issue. We would not, however, be likely to seek more than the Council has offered even if we were to investigate.

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Final decision

  1. We will not investigate Miss X’s complaint because we could not add to any previous investigation and any further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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