Summary: We will not investigate this complaint about Miss X's housing register application. This is because the Council has agreed to remedy the injustice.

The complaint

1. Miss X complained that the Council failed to properly consider her exceptional circumstances when deciding she did not meet the local connection criteria for the housing register. Miss X says that, as a result, the Council did not award sufficient housing priority to her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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 for the Council’s housing register. The Council considered Miss X qualified for the housing register but it decided that she did not meet the local connection criteria. It placed her in band D which is the priority band for applicants who do not meet the local connection criteria.
6. Miss X requested a review of the Council’s decision as she considered she had exceptional circumstances. The Council considered Miss X’s review request through its two-stage review procedure. The Council did not change its decision.
7. If we were to investigate this complaint it is likely we would find fault causing injustice to Miss X. The Council’s stages one and two review decision letters stated that Miss X did not have exceptional circumstances so the Council did not accept she met the local connection criteria. But the letters did not give any reasons for why her specific circumstances were not exceptional. So, Miss X did not have sufficient information to understand the Council’s decisions. The letters also did not set out the information considered by the Council. So, Miss X cannot be satisfied the Council properly considered her evidence and circumstances when reaching its decisions.
8. At our invitation the Council has agreed to consider Miss X’s stage two review request again and to notify her of the decision in writing.

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Agreed Action

9. The Council will consider Miss X’s stage two review request again and notify her of the decision in writing. The Council’s letter should set out the specific information it considered when reaching its decision and provide a fully reasoned explanation for its decision. The Council will take this action within one month of my final decision.

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Investigator's decision on behalf of the Ombudsman