Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing application. This is because there is no evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains that despite him telling the Council he has severe allergies and that his property’s heating system is making his condition worse, it will not put him in a higher priority housing band.

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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))
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered information provided by the complainant, including the Council’s response to his complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council will not move him to a higher priority housing band despite the outdated heating system in his current property which makes his allergies worse.
8. Mr X is a social housing tenant and it has been previously explained to him that housing management issues, including repairs and heating, fall outside our jurisdiction and instead fall under the jurisdiction of the Housing Ombudsman.
9. There is no evidence to suggest there has been fault by the Council in its handling of Mr X’s housing register application. He has been placed in a banding following the Council’s assessment of his circumstances and medical situation. That this has not led to a higher banding is not evidence of fault by the Council. If Mr X’s circumstances change, he can report this to the Council.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman