Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation. It is reasonable for her to challenge the council’s decision on her case by asking for a statutory review.

The complaint

1. Miss X complained about the Council’s assessment of her housing application. She says her home is unsuitable for her son’s medical needs and suffers from disrepair and unreliable lifts in the block where she lives. She wants the Council to backdate her recent Band 1 priority to 2021 when she first applied.

Back to top

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, or
• 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))

Back to top

How I considered this complaint

3. I considered the information provided by the complainant. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X applied for a transfer to more suitable accommodation in 2021. She says her son shas medical conditions which require a more suitable layout and a separate bedroom. She was awarded priority band 2 for a 3-beroom property based in her family needs.
6. Miss X contacted the Council in 2023 saying her home is increasingly unsuitable because as well as her son’s needs, the flat has disrepair and the lifts to the11th floor where she lives are unreliable and often out of service. The Council’s management team visited her and recommended that she be considered for a discretionary review of priority by a director.
7. The review decided in September that she should be awarded priority band 1. Miss X says this should be backdated to 2021 when she applied. The Council’s allocations policy says that any band changes are effective from the date when the banding change was approved, not the date of the original application.
8. If Miss X wishes to challenge the new banding, she has a right to ask for a statutory review of the decision under 166A(9)(c) of the Housing Act 1996. For these reasons we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation. It is reasonable for her to challenge the council’s decision on her case by asking for a statutory review.

Back to top

Investigator's decision on behalf of the Ombudsman