Summary: We will not investigate this complaint that the Council has not backdated the complainant’s priority on the housing register to 2021. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has not backdated his band two priority to August 2021. Mr X wants the Council to backdate the band two award to August 2021.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X came to the UK in August 2021. A third party organisation provided him with accommodation. The organisation that offered the accommodation is not part of the Council.
5. Mr X approached the Council for help with housing in 2023. The Council mistakenly thought it had arranged his accommodation and awarded band two, in error, from June 2023.
6. Mr X made a successful bid for new accommodation. The Council then realised it had made an error and Mr X was not entitled to band two. The Council removed the band two priority and the offer of accommodation.
7. In response to Mr X’s complaint the Council explained it had awarded band two in error because an officer had misunderstood his circumstances. The Council apologised and reinstated the band two from June 2023. The Council provided staff training to stop the error being repeated.
8. Mr X says the Council awarded band two in August 2021 and he wants the Council to backdate the award to 2021.
9. I will not start an investigation because there is insufficient evidence of injustice. The Council made a mistake because it awarded band two in error and, as a result, offered a property in error. I appreciate the withdrawal of the property may have been disappointing but Mr X has not lost out on anything he was entitled to. In addition, the Council explained to me that it had no contact with Mr X until 2023 so the earliest it can reinstate the band two from is June 2023 when the housing service first had contact with Mr X. I appreciate Mr X may have had contact with other agencies or councils in 2021 but those contacts would not allow the Council to award band two from 2021.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman