Summary: We will not investigate Ms X’s complaint about the priority the Council has applied to her housing application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council has not given her the correct priority for allocation on its housing register.
2. Ms X is seeking a reassessment and a move to a higher priority band.

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 the complainant.
5. I considered the Ombudsman’s Assessment Code and the Council’s Allocations Policy.

Back to top

My assessment

6. Ms X made a housing application, which the Council approved. The Council said Ms X may bid for a property on its housing register, but she would not receive any priority when the Council allocated properties.
7. Ms X complained the Council’s priority decision was wrong and the Council reviewed its decision.
8. Following its review, the Council confirmed Ms X is not eligible for priority banding.
9. The Council's allocations policy states anyone who makes a successful homelessness application, but does not have a connection to the area, will not receive priority banding.
10. The Council explained to Ms X that there are exceptions to this rule within the policy, but her circumstances do not fit within those exceptions.
11. The Council also confirmed it has considered her personal circumstances to see whether there is justification to apply discretion but has decided there is not.
12. The Localism Act 2011 introduced new freedoms to allow councils to better manage their waiting list and to tailor their allocation priorities to meet local needs.
13. 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.

Back to top

Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman