West Berkshire Council (25 002 324)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 05 Aug 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Miss X complained about the Council’s assessment of her housing application. She believes she should be placed in Band A for medical reasons due to her concerns about her son’s autism and the need for an additional bedroom.
The Ombudsman’s role and powers
- 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, or
- we could not add to any previous investigation by the organisation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered the information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says the Council failed to give her housing application sufficient priority. She was previously assessed as Band C but asked for a review and provided medical evidence to support her request for higher priority due to her son’s autism. The Council awarded her Band B priority in January 2025 but she says she should qualify for the highest medical banding.
- The Council re-assessed her application but confirmed that her housing needs do not meet the high threshold for Band A. On medical grounds this banding is reserved for applicants who cannot continue to occupy their current accommodation due to medical needs and require an emergency move. The Council does not consider this applies to Miss X’s case.
- 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 someone disagrees with the decision the organisation made.
- The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
- I have seen no evidence of fault in the procedure which would suggest that Miss X should be placed in a higher banding.
Final decision
- We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman