Summary: We will not investigate this complaint about the Council’s assessment of Mrs X’s housing application. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mrs X complains the Council’s review of its decision did not change her mobility banding. She says this impacts her emotional wellbeing. She would like the Council to change her banding and pay her a financial remedy.

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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 or continue 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))

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How I considered this complaint

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

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My assessment

5. Mrs X lives in a first-floor social housing flat. She submitted medical information for the Council to review her mobility banding in 2022. The Council says it reviewed the information and kept her mobility banding the same. Mrs X requested the Council review its decision in 2023. The Council says it has reviewed all information submitted by Mrs X and upheld its decision.
6. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. 
7. I have viewed the Council’s published allocations scheme. The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. The Council appears to have assessed Mrs X in line with its scheme.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman