Summary: We will not investigate Ms X’s complaint about the suitability of her accommodation because further investigation would not lead to a different outcome. We will not investigate her complaint about how the council assessed her banding priority because there is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Ms X is the tenant of a social landlord. She also has a live application on the Council’s housing register. Ms X complained the Council:
• refused to address the unsuitability of her current accommodation; and
• failed to properly consider her request for a higher banding priority on its housing register.
2. Ms X said these issues caused significant emotional distress and meant she faced difficulties due to the unsuitability of her accommodation. She wanted the Council to:
• reassess the suitability of her current accommodation; and
• reassess her housing priority and provide her with accommodation which meets her needs.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

7. Ms X complained her current accommodation was unsuitable. She provided her reasons to the Council and asked it to consider her points.
8. The Council is not the landlord of Ms X’s current accommodation. It responded to Ms X and advised her to direct any complaints relating to her current accommodation to her landlord.
9. It is reasonable to expect Ms X to direct any complaints relating to her current accommodation to her landlord. We will not investigate this point of complaint as further investigation would not lead to a different outcome.
10. Ms X also complained the Council failed to properly consider her request for a higher banding priority on its housing register. She asked the Council to consider her representations regarding:
• her medical circumstances;
• overcrowding in her current accommodation; and
• her current accommodation being unsafe and inaccessible.
11. Ms X requested assessments of the above points on multiple occasions. However, we can only consider events which occurred in the 12 months before she bought the complaint to us. This is because there is no good reason earlier matters were not bought to us sooner.
12. The Council’s allocations policy explains most applicants fall in Band C, which
    Ms X was also in; Bands A and B being for the most urgent needs to move. It states the medical criterion for an increased priority is only met when there is an urgent need to move, perhaps because of a serious medical condition that is affected by their existing housing situation.
13. The Council assessed Ms X’s requests and the supporting information she provided. It considered these against its criteria in accordance with its social housing allocations policy. It found that although Ms X did have a housing need, her circumstances did not meet the threshold for any additional priority or a change to Ms X’s housing banding.
14. We will not investigate this complaint as the Council considered Ms X’s concerns and made its decision in line with its housing allocations policy. There is not enough evidence of fault by the Council to justify further investigation.

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Final decision

15. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman