Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complains the Council failed to take into consideration her children when awarding her banding.
2. Mrs X would like her banding to be moved from silver to gold.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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, further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mrs X lives in a two-bedroom flat with her husband and two children.
8. The Council awarded Mrs X what it considers to be the correct banding, giving her silver banding due to overcrowding, and saying she has three-bedroom need.
9. Mrs X requested a review of the Council’s decision. The Council considered the review request and evidence provided and explained why the silver banding was awarded in line with its policy.
10. We are not an appeal body so we do not come to our own view on whether Mrs X meets the Council’s criteria. Our role is to consider if the Council has followed the proper processes when making its decision.
11. The Council’s review decision letter shows it considered the relevant evidence and provided a reasoned explanation for why it considered Mrs X did not meet the criteria for gold banding.

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Final decision

12. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman