Summary: We will not investigate Miss X’s complaint about her housing application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains about her housing application. She says the Council has unfairly refused her application to be re-banded to the highest band.

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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)).

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How I considered this complaint

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

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My assessment

5. Miss X complains the Council rejected her application to be re-banded. It said it made the decision based on a recent occupational therapy report and in line with its allocation policy.
6. Miss X appealed the decision. She also submitted new information. The Council undertook a new occupational therapy report and agreed with Miss X that she should be awarded Band A.
7. I will not investigate this matter. Based on the evidence I have seen, the Council has acted in line with its allocation policy. There is not enough evidence of fault to justify an investigation by the Ombudsman.

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Final decision

8. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman