Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s assessment of her housing application. She says her banding priority is too low and she should be considered for Band A rather than Band C which the Council assessed her as.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

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.

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My assessment

5. Ms X says she has been on the housing register for a year to move from her current rented accommodation which she says is unsuitable. She has 47 steps to her flat and has a medical condition which limits her mobility. The Council awarded her application as being Band C with mobility level 3 needs. She has had three reviews to re-assess her banding.
6. The most recent review under s.166A of the Housing Act 1996 was carried out in October 2023. The review concluded that her banding was correctly assessed according to the Council’s allocations policy. She does not warrant higher Band A or B priority because her medical needs are not sufficient for these bandings which are reserved for more serious medical needs.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. I have seen no evidence of fault which would suggest that Ms X’s application should be placed in a higher banding. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman