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

The complaint

1. The complainant, Mr X, says the Council should increase his priority on the housing register from band E to band B because his daughter does not have access to a private garden.

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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 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

3. I considered information provided by Mr X. I also considered the Council’s allocations policy and our Assessment Code.

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My assessment

4. Mr X lives with his daughter and says she needs access to a private garden; he has to take her to a park because the communal garden is unsuitable. Mr X says the lack of outdoor space for his daughter affects his mental health.
5. Mr X is in band E on the housing register. The Council places people in band E if they have no housing need. Mr X asked the Council to review the band.
6. The Council confirmed band E is correct. Mr X lives in a property that meets his needs and the lack of social housing means the Council has to use flats and maisonettes for families. The Council said Mr X had not provided any medical evidence that his accommodation is seriously affecting his health.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The allocations policy says the Council can offer flats and maisonettes to families and there is no requirement to offer households with children a property with a private garden. I have considered the criteria for bands A to D and none relate to Mr X’s circumstances. Further, there is no provision for a higher band due to the lack of a private garden.
8. I appreciate Mr X would like a home with a garden but there is nothing to suggest fault in the way the Council decided band E is the correct band so there is no reason to start an investigation.

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Final decision

9. 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