Summary: We will not investigate this complaint about the priority the Council awarded to Miss X’s application for social housing. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complains that the Council failed to properly consider her circumstances when it awarded Band C priority to her application for social housing.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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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 applied for social housing. The Council awarded Band C because Miss X is overcrowded by one bedroom. Miss X asked for a review of the Council’s decision and it decided she would remain in Band C.
7. We are not an appeal body. That means we do not take a fresh look at a decision and decide if it was wrong. Our role is to consider whether there was any fault in the decision making process. If there was no fault in the decision making, we cannot question the outcome.
8. The Council’s review decision sets out the relevant sections of its allocations policy. It explains the evidence Miss X provided including about her medical needs and the impact of anti-social behaviour in her building. The decision applies the evidence to the Council’s policy. It decided Miss X met the criteria for Band C. It is unlikely an investigation would find fault with the Council’s decision making and so we will not investigate this complaint.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman