Summary: We will not investigate this complaint about housing support the Council provided to Miss X. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Miss X complained about a lack of housing support by the Council after she reported overcrowding in her property.
2. Miss X said the matters caused a negative impact to her health.

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))
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X complained to the Council about overcrowding in her property and a lack of support in locating a different property.
8. Miss X said the property caused her concern for her and her children’s health.
9. In its complaint response, the Council said it had listed Miss X for a move to a more suitable property, and it intended to contact her when a suitable property became available. It also noted Miss X had requested support with a rental property deposit and would ask the relevant team to follow this up.
10. Miss X also applied to join the housing register and was placed in band three for overcrowding.
11. We are not an appeal body, and we do not make a new decision. In line with our powers at paragraph four, we consider whether the Council acted in line with policy and procedures. The available evidence suggests the Council acted in line with its published allocations policy when placing Miss X into band three.
12. The actions taken by the Council appear to be appropriate and I believe we would be unlikely to find fault if we were to investigate. For this reason, we will not investigate.

Back to top

Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman