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 investigation.

The complaint

1. Miss X complained about the Council’s assessment of her housing application. She says she was previously in Band 3 but her position was reduced to Band 4 following a change in the allocations policy. She says she is sharing her mother’s housing association home and has insufficient space for her child and herself who have to share a room.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she is living in overcrowded circumstances at her mother social housing home where she has to share a bedroom with her daughter. Recently there was a leak at the property and the housing association landlord has decanted them to a temporary address until it can be repaired.
6. Miss X was previously on Band 3 priority on the housing register but the Council’s allocations policy changed in 2022. This included a requirement for measurements of rooms available for cases where they applicants had previously self-declared if that believed themselves to be statutorily overcrowded. Miss X provided dimensions in response to a request in September 2023 and this resulted in her being reduced in priority to Band 4 because she did not mee the statutory overcrowding provisions of the Housing Act 1985.
7. Miss X complained about the change and the Council reviewed her case but would not change the banding because it reflects her current housing situation. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding.
8. 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.

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Final decision

9. 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 investigation .

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Investigator's decision on behalf of the Ombudsman