Summary: We will not investigate this complaint about the Council’s decision on Ms X’s banding priority for housing. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s decision to award her Band B housing priority despite her family’s health conditions and mobility issues. She says she should be in Band A based on the evidence she has submitted.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. Ms X wishes to be moved from Band B to the higher priority banding of Band A. The Council has reviewed its decision that she is correctly placed in Band B in accordance with its Allocations Policy and upheld the decision.
7. The Council has explained to Ms X that she is in the highest banding her circumstances allow for which recognises the medical and housing circumstances of her family. It has told her Band A medical is awarded in circumstances where a medical condition is terminal or life-threatening and that this does not apply in Ms X’s case.
8. While Ms X will be disappointed she has not been placed in the highest priority banding, it is not our role to act as a point of appeal. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
9. The Council has considered the evidence provided to it in relation to Ms X’s case in coming to its decision and there is no evidence to suggest fault has affected it.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman