Summary: We will not investigate Ms X’s complaint about the priority the Council awarded on its housing register and the effective date for that priority. This is because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council refused to back-date her band C priority. She says she has been living in unsuitable housing for fourteen years.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. 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, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X applied to join the Council’s housing register in July 2023. It awarded band C from the date of her application. Ms X asked it to back-date the application to at least 2017 because she said the family had been living in unsuitable housing for many years. In its complaint response, the Council explained that changes to its allocations scheme meant Ms X was overcrowded because one of the bedroom’s was too small, as assessed using the “bedroom standard”. Since the “bedroom standard” was not part of its scheme prior to July 2023, it could not award priority prior to that date.
6. We are not an appeal body. It is not our role to say whether a Council’s decision is correct. Unless we find fault in its decision-making process, we cannot comment on the decisions reached. The law says councils must allocate social housing in line with their published scheme.
7. The Council has assessed Ms X’s application in line with its published scheme and has explained its reasons for deciding the priority band and effective date are correct. We will not consider this complaint further because there is insufficient evidence of fault in its decision-making to justify this.
8. In the documents Ms X provided in support of her complaint it appears the Council is seeking an updated occupational therapist report in relation to Ms X’s current housing and whether it can be adapted to meet her family’s disability needs. It is also considering where she is homeless on the basis it is not reasonable for her to continue to occupy her current property. Both of those may affect her priority on the housing register, but Ms X will have the right to ask for a review of any decisions the Council makes, and it is reasonable for her to ask it to review them. There is therefore no role for us currently.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman