Sheffield City Council (24 010 508)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 11 Dec 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision not to award Mr X’s housing priority on the grounds of overcrowding. This is because there is no evidence to suggest fault by the Council.

The complaint

  1. Mr X complains the Council has not awarded him housing priority on the grounds of overcrowding and has failed to consider the medical condition of one child and that his wife is pregnant.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. I considered information provided by the complainant, including the Council’s response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
  2. The Council decided that Mr X is not statutorily overcrowded, and that housing priority would not be awarded. In coming to this decision, it took into account the medical condition of his child and that his wife is pregnant. There is no evidence to suggest fault affected the decision and no grounds on which to base an investigation.

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Final decision

  1. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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