Birmingham City Council (24 020 038)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 07 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the complainant’s priority on the housing register because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, Ms X, says her home is unsuitable. She wants the Council to offer a home that is suitable for her health needs.

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The Ombudsman’s role and powers

  1. 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 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))

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How I considered this complaint

  1. I considered information provided by Ms X and the Council. This includes the complaint correspondence and medical evidence. I also considered our Assessment Code.

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My assessment

  1. Ms X has been on the housing register since 2022 in band B (medical priority).
  2. Ms X says her home is unsuitable and in February 2025 she submitted new medical evidence and a new housing application. The Council is assessing the new application.
  3. Ms X wants the Council to assess the application and offer a property that meets her needs.
  4. I will not start an investigation because there is insufficient evidence of fault by the Council. We cannot review Ms X’s application or decide what band she is eligible for; that is the role of the Council. The Council is assessing her application and will notify Ms X of the outcome. There is no suggestion of fault in the way the Council has responded to Ms X’s request for a review of her banding.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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