Birmingham City Council (23 014 624)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 02 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to place Mr X in Band B on its housing register as there is not enough evidence of fault.
The complaint
- Mr X complains the Council has wrongly placed him in Band B on its housing register.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We are not an appeal body and we have no remit to reach our own decision on Mr X’s banding. Rather we can consider if the Council followed a proper decision making process.
- On review of its banding decision the Council placed Mr X in Band B. It gave reasons for its decision with reference to its policy and information relied on. There is nothing to suggest it overlooked relevant information or misapplied its allocations policy. That Mr X disagrees with the Council’s decision does not allow us to find fault.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman