Summary: We will not investigate Ms X’s complaint about the priority awarded on the Council’s housing register. There is insufficient evidence of fault to justify our involvement. In any case, Ms X’s situation changed after the complaint to us, which led to the Council awarding a higher priority band, so there is no worthwhile outcome we could achieve by investigating now.

The complaint

1. Ms X complained about the Council’s decision in September 2023 that she was eligible for band C on its housing register. She considers she should be in band B and that the Council’s decision meant she will wait longer for rehousing.

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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, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X joined the Council’s housing register in late 2022 and was awarded band C. She asked for a review of that decision and provide a GP letter in support. The Council considered the review in November 2022 and upheld the original decision. It wrote to her to explain its reasons.
6. Ms X asked for a further review, which was considered by the Council’s panel, which again upheld the original decision. It wrote to Ms X in September 2023 to explain its reasons, including that she did not qualify for its Supported Move On criteria because her placement at the time was not commissioned by the Council or a registered provider of social housing.
7. Ms X remained unhappy and complained to us in February 2024. In May 2024, a support worker helped her to move to a women’s refuge. As a result of that move, she now met the criteria for moving on from supported accommodation. The Council increased her priority to band B but left the effective date at March 2022, rather than changing it to the date she was placed in band B. As a result, she has now been nominated for a housing association property.
8. We will not consider this complaint further. There is insufficient evidence of fault in the way the Council considered Ms X’s priority band. Although there may have been some delay before considering this at its panel, this did not cause a significant injustice because the decision did not change. In any case, when she did meet the criteria for band B, the Council kept the original effective date, which benefitted Ms X. This means there is no worthwhile outcome we could achieve by investigating further.

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Investigator's decision on behalf of the Ombudsman