Birmingham City Council (23 010 592)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 21 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Miss X to request a statutory review of her housing priority.
The complaint
- Miss X complained about the Council’s assessment of her housing application. She says she has been bidding on vacancies since 2018 without success. She says she has provided medical evidence from professionals and that her banding priority should be changed to Band A from her current Band B.
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 or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered the information provided by the complainant and the Council. I have also considered the Council’s Housing Allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she has bene bidding on the Council’s housing register since 2018 but has had no success because she believes her housing priority is too low. She was removed from the register in early 2022 but later re-instated when she provided new information. In October 2023 she was re-assessed when she provided further information but she remains in Band B. The Council says that she does not warrant Band A status because this is reserved for applicants with high medical and personal needs.
- The Council advised Miss X that she has a right to ask for a statutory review of its decision on her banding priority and it is reasonable for her to pursue this. We will not investigate a complaint where there is a right of review available.
Final decision
- We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Miss X to request a statutory review of her housing priority.
Investigator's decision on behalf of the Ombudsman