Summary: We will not investigate Miss X’s complaint about the Council’s decision on her housing priority. There is not enough evidence of fault to justify an investigation of the complaint.

The complaint

1. Miss X complains about the Council’s handling of her housing register application. She says that the Council wrongly considers she is not exempt from the local connection criteria. Miss X says that as a result the Council did not award sufficient housing priority to her application.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

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

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My assessment

6. Miss X made a housing register application as her tenancy was due to end in a few months and she could not afford the rent. The Council considered Miss X qualified for its housing register and placed her in priority band E. This is the priority band for applicants who have reduced priority as they do not meet the local connection criteria.
7. Miss X requested a review of her priority band as she considered she was exempt from the local connection criteria as she previously fled domestic abuse. The Council completed the review and said its decision to place her in band E was correct. The Council said Miss X did not meet the local connection criteria.
8. Miss X made a complaint to the Council about its decision not to increase her priority. In responding to Miss X’s complaint, the Council reviewed its decision to place her in band E. In its letter to Miss X, the Council set out the information it considered when reviewing her priority band. The Council explained that Government guidance said a person was no longer exempt from local connection criteria once they were in settled accommodation and no longer at risk of domestic abuse. The Council said Miss X had not indicated she was at risk of domestic abuse at her current property. So, the exemption from the local connection criteria did not apply.
9. We are not an appeal body so we do not come to our own view on what housing priority should be awarded. Our role is to consider if the Council followed the proper processes when making its decision.
10. We will not investigate Miss X’s complaint. The Council’s review decision and response to Miss X’s complaint shows it considered the relevant information and Miss X’s circumstances when considering her housing priority. This included the Government’s guidance on the allocation of accommodation. The Council explained its reasons for its decision that Miss X was not exempt from the local connection criteria. So, there is not enough evidence of fault in how the Council made its decision to place Miss X in band E to justify an investigation.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation of the complaint.

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Investigator's decision on behalf of the Ombudsman