Summary: We will not investigate Miss X’s complaint about her priority on the Council’s housing register. This is because there is insufficient evidence of fault by the Council in the way it made its decision.

The complaint

1. Miss X complained the Council did not award her family a high enough priority on its housing register. She said it failed to consider evidence of her family’s needs properly.
2. She wants the Council to move her family into a higher priority band.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.
7. I considered the Social Housing Allocations statutory guidance.
8. I considered the Council’s Housing Allocations Scheme policy.

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My assessment

9. The Council placed Miss X in band B on the housing priority register. Miss X appealed this decision as she believed her family met the criteria for band A.
10. The Council held an appeal hearing which Miss X attended. She had an opportunity to provide further information and answer the panel’s questions. The appeal outcome letter has a record of how the panel considered the family’s medical evidence when making its decision.
11. The appeal panel upheld the Council’s decision to award band B priority. The panel considered the criteria for band A and decided that it did not apply to Miss X’s family.
12. We will not investigate this complaint as there is insufficient evidence of fault. The Council considered the relevant information, and its decision appears in line with its policy. The Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision.
13. Although I accept Miss X disagrees with the decision, there is no evidence of fault in how it was reached. An investigation into this matter would therefore be unlikely to result in finding fault on the Council’s part.

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Final decision

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman