Summary: We will not investigate Mr X’s complaint about the Council’s refusal to increase priority banding on his housing application. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains about the Council’s refusal to increase priority banding on his housing application. He says his current accommodation is not suitable for his family’s needs.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X and his partner moved into their current one-bedroom flat when they were expecting their first child.
7. Mr X recently asked the Council to review its banding decision due to overcrowding and the lack of garden space. He considers the property unsuitable given their child is over 1 year old.
8. The Council’s published policy says it awards a standard band to those applicants who it considers created their housing circumstances through their own actions or omissions. For example, when an applicant moves into a property that was unsuitable for their needs from the outset.
9. On review, the Council found Mr X moved into his current accommodation when any issues with it would have been evident at the time of moving in. It was satisfied Mr X created his housing circumstances through his own actions. Therefore, it found its decision to award standard banding correct and in line with its published policy.
10. I appreciate Mr X is unhappy, but the Ombudsman is not a further appeal body. It looks at the process by which councils make decisions. Relevant to this case, the Council considered Mr X’s circumstance and outlined its decision clearly and in line with its published policy. There is not enough evidence of fault in the Council’s decision making and so I cannot question the merits of its decision. Therefore, I will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman