Summary: We will not investigate this complaint about how the Council dealt with Ms Y’s housing register application. There is insufficient evidence of injustice to Ms Y to justify an investigation.

The complaint

1. Ms X complained on behalf of Ms Y. She complained that the Council did not award an emergency priority band to Ms Y when she applied for the housing register. Ms X also complained the Council did not exercise discretion to allow Ms Y to bid on properties for over 55 year olds. Ms X says that the Council’s actions caused distress to her and Ms Y.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(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 Ms X on behalf of Ms Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms Y applied for the housing register as she needed to move from her property due to ill health. The Council awarded emergency priority band to Ms Y approximately two months after she made her application. Around a month later, the Council offered a property to Ms Y which she accepted.
6. We will not investigate Ms Y’s complaint. The Council offered a property to Ms Y within four months of her application to the housing register. So, any fault by the Council would not have caused significant enough injustice to Ms Y to justify an investigation into her complaint. We also could not achieve a worthwhile outcome for Ms Y by investigating her complaint as she has moved.

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Investigator's decision on behalf of the Ombudsman