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. Mr X complained about the Council’s assessment of his housing application. He says he submitted medical evidence of his circumstances but this did not change his current priority banding. He asked the Council to review wits decision on his application but this was unsuccessful.

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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. Mr X says he has been on the housing register for five years and has not been made any offers in this time. He is currently sharing with family and is a single person eligible to bid on studio or 1-beroom flats. He says his current sharing situation is placing a strain on his mental health.
6. Mr X asked for his application to be reviewed in 2024 as he is currently on Bronze banding and believes his mental health needs should give a higher priority. The Council considered his medical evidence and his current situation but the review did not increase his banding.
7. After this he asked the Council to put the matter to an appeal panel which can consider if a discretionary exception to the allocations policy should be made on individual cases. The Panel upheld the review decision and Mr X remains on Bronze banding.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
9. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published allocations scheme policy. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

10. 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