London Borough of Hackney (24 012 066)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 12 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an application.
The complaint
- Miss X complained about the Council’s decision to award her new housing banding from the date of her change in circumstances in 2024 and not from her original housing application date of 2021. She says this has reduced her opportunity of bidding on a larger home.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X applied for housing in 2021 because her current 2-bedroomed home is too small for her family. She was awarded band C under the allocations policy because she was lacking one bedroom. In August 2024 she informed the Council that her son had reached his 10th birthday and this made it no longer possible to share with female siblings.
- The Council suspended the application while it amended the family data and re-assessed the form. Miss X complained about how long the changes were taking because she could no longer make bids. The Council re-activated the application after a four-week suspension and the new banding was Band B with priority for 4-bedroom vacancies as she now was short of 2 bedrooms. The effective date was from the date of her son’s birthday.
- Miss X complained about the date of her original application being no longer honoured. The Council explained the part of its allocations policy which states that and banding changes will be effective from the date of the change in circumstances. This is because the applicants housing need has changed and Miss X’s eligibility for bidding on 3-bedroomed properties is no longer relevant to her changed needs.
- There is no fault in the Council using this policy. It is similar to most other councils and reflects the needs of the applicants on the list. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
Final decision
- We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an application.
Investigator's decision on behalf of the Ombudsman