Summary: We will not investigate Ms X’s complaint about her housing register priority banding. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council did not fully consider her circumstances when deciding her housing register priority banding. She says this has caused distress and put her and her family at risk. She wants the Council to increase her housing register priority and provide her with suitable housing.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s housing allocations policy states it will accept a housing register application from persons outside the Devon area, where it is satisfied the person is fleeing domestic abuse. It says where it considers that private renting is an appropriate and available option, the applicant will be placed in Band D.
6. Ms X applied to join the Council’s housing register on safety grounds. The Council was satisfied she needed to move due to domestic abuse and accepted her application. It placed her in Band D. It said its housing team was currently working with her to consider private rented accommodation. If it concluded that private rented accommodation was not possible or appropriate for her, it would review her priority banding.
7. We will not investigate this complaint. The Council’s priority banding decision appears in line with its policy and so it is unlikely an investigation would lead to a finding of fault. There is insufficient evidence of fault to warrant an investigation.
8. The Council has told us it’s housing team is currently working with Ms X and relevant agencies to determine whether it can provide her with safe emergency housing in its area. If Ms X is dissatisfied with the housing team’s actions, it is open to her to make a new complaint about this.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman