Summary: We will not investigate this complaint about the Council’s decision about Mr X’s housing priority. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complained the Council has not considered his housing priority properly.
2. Mr X said the Council has not altered his banding and has not assigned him a suitable property despite being on the housing register for many years.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council considered Mr X’s housing priority and decided that his banding would recognise overcrowding in his home.
7. When responding to Mr X’s complaint, the Council confirmed that its banding decision was correct and in line with its housing allocations policy. The Council also told Mr X that there is an extreme shortage of larger properties in its area and suggested other avenues he could explore to get suitable accommodation.
8. I have reviewed the Council’s housing allocations policy. Mr X appears to be banded correctly for overcrowding.
9. The Ombudsman may not find fault with a council’s assessment of a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
10. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman