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

The complaint

1. Mrs X complained about the Council’s decision to leave her housing application priority in Band 3 when she believes she should be in Band 2 Medical 1 priority due to her husband’s medical condition.

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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 and the Council. 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. Mrs X says the Council has not given sufficient priority to her housing application which she has been challenging for the past two years. In 2023 she complained to us about the priority banding of her application. In September we issued a decision on case 23000519 in which we recommended that the Council explain how it had assessed her case and to review it.
6. The Council followed our recommendation and we closed the case. Mrs X remained dissatisfied with the outcome and appealed for further consideration. The Council reviewed her case and in November advised her that the Banding remained unchanged. It says her husband does not meet the criteria for Band 2 Medical 1 priority which she is seeking.
7. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome. In our previous investigation we found some fault in the process used by the Council. This was remedied and it is not our role to say what priority should be awarded.
8. 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. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

9. We will not investigate this complaint about an assessment of Mrs X’s 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