Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mrs X to ask for a review of her housing banding if she is dissatisfied with the current assessment.

The complaint

1. Mrs X complained about the Council’s assessment of her housing application. She says she is affected by noise from a flat above hers which has wooden flooring and transmits noise keeping her and her family awake and causing sleep deprivation. She wants a higher priority banding to transfer to different accommodation.

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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
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

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

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My assessment

5. Mrs X says the flat which she rents from the Council is below another flat which has bare laminate flooring installed without underlay. She complained to the Council about noise transmission through the ceiling of her home which constantly affects her family’s daily life and sleeping. She applied for a transfer to another property but says she has only bene awarded Band 3 on the allocations scheme.
6. The Council investigated her complaint and told her that the noise from the flat above is domestic noise and does not constitute anti-social behaviour or statutory nuisance. The flat above is privately-owned and the Council has no control over what kind of floor coverings they occupants have installed.
7. The Council awarded her application Band 3 which is out of five banding priorities. If Mrs X has any new information which may affect her priority or she wishes to challenge the allocation of priority she could ask the Council to carry out a review under s.166A of the Housing Act 1996.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mrs X to ask for a review of her housing banding if she is dissatisfied with the current assessment.

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Investigator's decision on behalf of the Ombudsman