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, Mrs X, complains the Council will not put her in the gold band on the housing register.

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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 Mrs X and the Council. This includes the Council’s review reply and the allocations policy. I also considered our Assessment Code.

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My assessment

4. Mrs X is in the silver band on the housing register due to overcrowding. She says she should be in the gold band because her living conditions affect her mental health. Mrs X asked the Council to review the band and she submitted a letter from her doctor.
5. The Council reviewed the case and confirmed the silver band is correct. It explained the gold band, for medical reasons, is for people with the highest medical needs (for example, people who are housebound due to the accommodation). It said she would qualify for silver on welfare grounds, but she is already in the silver band for overcrowding. The Council suggested Mrs X consider other options for re-housing.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Mrs X needs a larger home, but we are not an appeal body and it is not my role to re-make the decision or decide which band Mrs X should be in. I can only consider if there was fault in the way the Council made the decision and I have not seen any suggestion of fault.
7. I have read the allocations policy, the medical evidence and details of Mrs X’s circumstances; the Council’s decision that Mrs X qualifies for the silver band flows from the evidence and is consistent with the allocations policy. There is no indication of fault in the way the Council made the decision so there is no reason to start an investigation.

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Final decision

8. 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