Summary: We will not investigate this complaint about the Council’s decision on the housing priority for Ms X. There is not enough evidence of fault in the Council’s actions and further investigation would not lead to a different outcome.

The complaint

1. Ms X complains the Council did not properly consider her children’s safety and medical needs when assessing her housing priority. Miss X believes her property to be unsafe for her children and would like to be rehoused urgently.

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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
• further investigation would not lead to a different outcome

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complains the Council changed her banding date. The Council’s policy says the effective date changes from when an applicant is eligible for a higher priority band. The Council changed her banding date as it increased her priority from Band C to Band B. So, I will not investigate this point as there is not enough evidence of fault to warrant investigation.
6. The Council assessed Miss X as being severely overcrowded and increased her banding from Band C to Band B. Miss X says she should be eligible for emergency housing at Band A as she believes her property to be unsafe for her children with medical needs. The Council’s policy has specific criteria for rehousing in an emergency at Band A. I do not see any fault in how the Council applied the criteria in Ms X’s case. There are preventative steps that can be taken to make the property more suitable. So, Ms X is at the highest band appropriate for her current situation, and we are unlikely to achieve more than this with further investigation.

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Final decision

7. We will not investigate Ms X’s complaint because there is not enough evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman