Somerset Council (23 015 285)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 17 Feb 2024
The Ombudsman's final decision:
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
- Mrs X complained about the Council’s assessment of her housing application. She says she should be placed in the highest priority category, Gold band instead of her current Silver band priority because of her son’s health needs.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information provided by the complainant. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X applied to the Council’s housing register and her application was given a Siver Banding priority. She has a son with autism whom she says requires a separate bedroom and asked the Council to review her housing assessment in 2022. The Council carried out two reviews in 2022 and agreed that her bedroom needs should be increased to allow her to bid on 4 bedroomed properties. However, her banding priority was not changed because she did not meet the threshold for the highest medical priority or other social needs.
- Mrs X asked for a further review of her case in 2023. The Council caried out another review based on additional medical evidence she provided. The banding remained in the Silver banding.
- 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, regardless of whether someone disagrees with the decision the organisation made.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman