Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council and because the complainant can use the review process.

The complaint

1. The complainant, Mrs X, says the Council should place her in band two on the housing register and allow her daughter to have her own room for health reasons.

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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:

• 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 information provided by Mrs X and the Council. This includes the complaint correspondence, medical evidence and the allocations policy. I also considered our Assessment Code.

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My assessment

4. Mrs X lives in a two bedroom property with a son and daughter; her daughter has some medical conditions. Mrs X is registered for a three bedroom home on the housing register and is in band three.
5. Mrs X asked the Council to move her to band two. Mrs X provided medical evidence about her daughter and said she needs her own room due to her health needs. Mrs X said another council had assessed the family as being eligible for band two.
6. Mrs X complained because she is in band two. In response the Council confirmed band two is the correct band. It said other councils make their own decisions. It said Mrs X could ask for a review which is a separate process to making a complaint.
7. Mrs X has recently submitted new information which the Council is still considering.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The allocations policy says Mrs X has a three bedroom need (a room for the parents, daughter and son). Mrs X lives is in a two bedroom property so lacks one bedroom. She has provided information which states her daughter needs her own room and that is already reflected in the award. The policy also says band three is the correct band for people who lack one bedroom; band two is for people who lack two bedrooms.
9. Mrs X says another council awarded band two. Every council has its own policy and must assess applications against that policy. The Council is not bound by an assessment made by a different council and I see nothing to suggest fault in the way the Council assessed Mrs X’s application against its own policy.
10. I also will not start an investigation because the Council is currently assessing new medical evidence Mrs X has submitted and we have no role to play in that assessment. In addition, if, at any stage, Mrs X disagrees with a decision about her housing application, there are review rights she can use. We expect people to use whatever review rights are available.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and it is reasonable to expect Mrs X to use her review rights.

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Investigator's decision on behalf of the Ombudsman