Summary: We will not investigate this complaint about the priority banding the Council awarded a housing register application. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained the Council had not awarded her family a high enough priority on its housing register. She said it had not considered the health needs of the family properly. She said that was negatively affecting her child’s health. She said the family needed moving urgently.

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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)
3. 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))

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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. Miss X applied to join the Council’s housing register. The Council awarded the application Band C priority.
7. Miss X asked for a review of the Council’s decision. She provided additional information about the family’s circumstances and medical needs. The Council’s case notes show it completed a medical review. In this, it considered the family’s housing and the impact this was having on their individual health needs. The Council also considered Miss X’s application to move on welfare grounds.
8. The Council wrote to Miss X. It said its original banding decision was correct. It said this reflected the medical needs of the family, and their current level of overcrowding. It confirmed it had applied its housing allocations policy when making its decision.
9. Although Miss X is unhappy with the Council’s response, we will not investigate this complaint. The Council has considered all evidence provided by Miss X. It has applied its policy when assessing what banding to award. Where the Council had followed its processes correctly, we cannot question whether the decision was right or wrong. There is not enough evidence of fault to justify our involvement.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman