Leeds City Council (23 007 715)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 26 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the banding priority awarded to his housing application. He considers he qualifies for Band A+ priority due to his cumulative housing needs. This is because there is insufficient evidence of fault.
The complaint
- Mr X complains about the banding priority awarded to his housing application. He considers he qualifies for Band A+ priority due to his cumulative housing needs.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s housing application has been awarded Band A priority. The Council said this was awarded under the ‘homeless’ priority stream of the Council’s letting policy. The Council explained this was awarded as it accepted Mr X was living with friends and on a temporary basis and his friends wanted him to leave. Therefore, Mr X was threatened with homelessness.
- The Council also considered Mr X’s priority under its ‘medical’ priority stream of its letting policy. Band A is awarded where a household’s member’s medical condition is being severely affected or exacerbated by the property they reside in, and their current home is not reasonably and practicably capable of being adapted. Band B is awarded where a household member is experiencing difficulties in the property they reside in, and their current home is not reasonably and practicably capable of being adapted.
- The Council noted Mr X would be awarded Band B priority under the medical priority stream.
- The Council’s letting policy sets out that in certain circumstances, the Council will recognise cumulative need where a household has more than one distinct assessed need which falls in Band A. As Mr X did not meet this, it declined to award Mr X Band A+ priority.
- The Ombudsman’s role is to review the Council’s decision making. In this case, the Council has outlined its clear consideration of Mr X’s housing needs and the difficulties he has with his current accommodation. The Council has also outlined why it has not awarded him Band A+ priority. The Council’s decision is in line with its lettings policy. As the Council has properly considered the matter, we would not be able to find fault the decision itself.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman