Royal Borough of Windsor and Maidenhead Council (23 013 373)

Category : Housing > Allocations

Decision : Upheld

Decision date : 17 Jan 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about delay in the Council dealing with Miss X’s application to join the housing register. This is because an investigation would not lead to any different findings or outcomes.

The complaint

  1. Miss X complains the Council delayed in dealing with her application to join the housing register.

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The Ombudsman’s role and powers

  1. 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 an investigation if we decide:
  • we could not add to any previous investigation by the organisation, or
  • investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In its complaint response, the Council accepted there has been a delay in processing Miss X’s housing register application. The Council explained this was due to Miss X’s status as a housing association tenant, approval from the head of service was required.
  2. The Council reviewed Miss X’s application and agreed her request to join the housing register. The Council awarded Band B priority, with her effective date backdated to January 2023, when she first applied to join.
  3. Miss X was not happy with the banding decision and complained. The Council accepted it had delayed in responding to her stage two complaint request. The Council also confirmed it had completed a banding review in September 2023 and its decision was to award Miss X’s Band A priority, backdated to January 2023.
  4. An investigation is not justified as it would not lead to any different findings or outcomes. The Council has acknowledged there has been a delay in processing Miss X’s application, provided an explanation for the delay, and apologised. This was appropriate. An investigation would not lead to any further findings. In addition, the Council has appropriately backdated Miss X’s housing priority which ensures she is not disadvantaged by the delay.

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Final decision

  1. We will not investigate Miss X’s complaint because an investigation would not lead to any different findings or outcomes.

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Investigator's decision on behalf of the Ombudsman

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