Dorset Council (24 021 197)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 29 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about housing priority. There is not enough evidence of fault to warrant investigation.

The complaint

  1. Ms X complained the Council has not awarded her correct housing priority.
  2. She said this is causing her distress.

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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 or continue 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))
  2. 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

  1. I considered information provided by Ms X and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. I considered the Councils Housing Allocation Policy.

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My assessment

  1. Ms X asked the Council to review her housing priority, she was Band C, medium housing need.
  2. The Council reviewed Ms X’s priority using all the information available to it at the time, including her housing file, medical evidence and school letters.
  3. In February 2025, the Council decided that Ms X had been awarded the correct priority. It said that she was Band C, with the need to move for essential support and to avoid hardship. It recognised Ms X was overcrowded by one bedroom but said this was not statutory overcrowding.
  4. 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 you disagree with the decision the organisation made.
  5. The Council’s review decision shows it considered all the information it had and its published allocations scheme, it explained its reasons for deciding band C was in line with that scheme, and did not unduly delay in making its decision. There is, therefore, insufficient evidence of fault in its decision-making process to justify further investigation by us.

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Final decision

  1. We will not investigate Ms X’s complaint, there is not enough evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman

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