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

The complaint

1. Miss A complained the Council have not considered her family’s need for rehousing. She said it has had a negative impact on her and her family’s mental and physical health. She would like the council to review her case and award her a higher priority band on the housing register.

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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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to join the Council’s housing register. The Council accepted Miss X’s application and awarded her band C, medium priority because her household was overcrowded by one bedroom.
6. Miss X complained about the Council’s lack of progress rehousing her and her family. She asked the Council to reassess her band on the housing register.
7. In its complaint response, the Council confirmed it had reviewed Miss X’s case and confirmed her application was correctly banded at band C because her household was overcrowded by one bedroom.
8. The Council said it had reviewed Miss X’s family’s medical conditions on two occasions and decided the household did not qualify for medical priority on the housing register. It told Miss X how she could request a medical re-assessment.
9. In its complaint response, the Council signposted Miss X to organisations that might be able to help her with accommodation in the private rented sector.
10. We are not an appeal body. It is not our role to say whether the Council’s decisions were correct. We can consider the decision-making process but, unless there was fault in that process, we cannot comment on the decision reached. Councils have wide powers to design their allocation schemes to meet local needs, but the law says all councils must allocate social housing in line with their published allocations scheme.
11. The Ombudsman may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise the demand for social housing far outstrips the supply of properties in many areas. However, there is no evidence of fault in how the Council considered Miss X’s application.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman