Summary: We will not investigate Ms X’s complaint about a Council decision related to her housing priority. This is because there is insufficient evidence of fault to warrant further investigation.

The complaint

1. Ms X complained the Council has refused to increase her housing register priority banding despite her providing additional medical evidence of her need to move. She says her current accommodation is negatively affecting her quality of life. She wants the council to increase her priority banding.

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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))
3. 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)

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How I considered this complaint

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

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My assessment

6. Ms X is currently on the Council’s housing register awaiting rehousing. She asked the Council to increase her priority banding due to an increase in her medical needs. She provided medical documents to support her request.
7. The Council considered her request and the evidence provided against the banding criteria set out in its housing allocations policy. It decided there was insufficient evidence to award Ms X a higher priority banding and that she should remain in her current band.
8. We will not investigate this complaint. Ms X’s current banding acknowledges a need to move on medical grounds. The Council has appropriately considered Ms X’s request for a higher banding and the evidence she provided, but decided she does not meet the criteria for a higher banding. There is insufficient evidence of fault in how the Council reached this decision, and so we cannot question the outcome. Further investigation is unlikely to reach a finding of fault.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman