Summary: We will not investigate Miss Y’s complaint the Council rejected her banding review request after deciding it was late. This is because there is not enough evidence of fault by the Council.

The complaint

1. Miss Y complains about her banding (Band B) on the housing register. She says she needs to be in a higher band because she is a victim of domestic violence. She complains the Council rejected her banding review request because it was late.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s Housing Allocation Scheme says people must ask for a review within 21 days of a decision they think is wrong.
7. In August 2025, the Council placed Miss Y in Band B on the housing register.
8. In September, Miss Y asked the Council to review her banding.
9. In November, the Council explained it was too late to ask for a review as more than 21 days had passed since the Council had made the banding decision. The Council said Miss Y could complete a change of circumstances application with any new information. If she remains unhappy with the reassessment, Miss Y would then have 21 days to ask for a review.
10. We will not investigate this complaint because there is not enough evidence of fault by the Council. The Council has correctly told Miss Y that it is too late to have a review, but she can complete a change of circumstances application. It is reasonable to expect Miss Y to follow this process and include any new information. Miss Y can include a copy of a court order relating to her circumstances, which the Council has not yet had the chance to consider given the court hearing occurred after its banding decision. If Miss Y follows this process, this will result in the Council making a new decision with a new right of review that Miss Y can use to challenge the banding decision if she remains unhappy with this.

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Final decision

11. We will not investigate Miss Y’s complaint the Council rejected her banding review request after deciding it was late. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman