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

The complaint

1. Ms X complained about the Council’s failure to apply its own policy when considering her housing application including failing to backdate her prioirty banding.

Back to top

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))

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In January 2023, Ms X was accepted onto the Devon Homes Choice Housing Register and placed in band E. Ms X then submitted evidence that she required a higher banding. Devon Homes Choice accepted this and she was moved to Band C in February 2023.
7. In August 2024, Ms X told Devon Homes Choice that her son had been born and so her entitlement had changed. She subsequently then submitted further evidence of her housing needs. In June 2025, the Council awarded Ms X Band B priority and a 4-bedroom house entitlement but set the band start date as June 2025. This is related to the ages of her children sharing rooms. Ms X requested a review under s.166A of the Housing Act 1995 of this decision which upheld the original decision. It says the date is in line with its allocations policy on when changes in banding should apply.
8. We may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
9. Ms X says she has now instructed solicitors to challenge the Council’s review decision. We would not be able to consider any further complaints once legal proceedings have been started, regardless of the outcome.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman