Summary: We will not investigate this complaint about the Council’s decision to place Mrs X and Ms Y in Band silver on its housing register as there is not enough evidence of fault.

The complaint

1. Mrs Z complains about the Council’s decision to place her mother Mrs X and sister Ms Y in Band silver. Mrs Z also complains about the review process.

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The Ombudsman’s role and powers

2. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following their separate housing applications, Mrs X and Ms Y made a joint application to the Council for rehousing due to overcrowding in the current property and Ms Y’s mental health needs. The Council awarded them Band silver due to overcrowding and agreed to house them together.
7. Mrs Z appealed the decision, providing supporting letters from a Mental Health Partnership in addition to the previous information provided from professionals.
8. The Council reviewed the information provided at stage 1 and stage 2 of its appeal process and decided they did not meet the criteria for Band gold for either medical or welfare reasons. It gave Mrs Z clear reasons for its decision.
9. I will not investigate this complaint because there is not enough evidence of fault by the Council. The Council has shown it considered each issue raised in line with its published allocations scheme before deciding.
10. I recognise Mrs Z remains dissatisfied. However, the Ombudsman is not an appeal body for people who disagree with a council’s decision. We cannot question decisions which have been properly made. We do not comment on judgements councils make unless they are affected by fault in the decision-making process.

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Final decision

11. We will not investigate Mrs Z’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman