Summary: We will not investigate this complaint about the Council’s decision on Mr Y’s housing priority. There is insufficient evidence of fault to justify an investigation into how the Council reached its decision on Mr Y’s priority.

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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

How I considered this complaint

3. I considered information provided by the Complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

My assessment

5. Mr Y is on the Council’s housing register and has band C priority. Mrs X asked the Council to increase Mr Y’s priority to band B due to his medical needs. This would increase his chances of successfully bidding on a suitable property. Mr Y also provided further information on his needs.
6. The Council reviewed Mr Y’s priority band in late March 2025. It notified Mr Y that it had looked at the information provided by Mr Y but there was no change to his priority band. The letter explained Mr Y’s application was in Band C due to his medical needs which were affected by his housing. The letter advised Mr Y that he could request a review of the Council’s decision within 21 days if he disagreed with its decision. We understand Mr Y did not request a review.
7. We are not an appeal body so we will not come to our own view on what priority band should be awarded to Mr Y. Our role is to consider if the Council followed the proper process when reaching its decision.
8. We will not investigate Mr Y’s complaint. The Council’s decision letter shows it reviewed Mr Y’s housing priority and considered the information provided. The letter explained the Council placed Mr Y in band C due to his medical needs. The Council also notified Mr Y of his right to request a review of its decision. So, there is insufficient evidence of fault to justify an investigation into the complaint. It was also open to Mr Y to request a review of the Council’s decision.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council reached its decision on Mr Y’s housing priority.

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Investigator's decision on behalf of the Ombudsman