The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council placing her in Band B on the housing register following her request for a review of its original decision to reject her application. She says she needs to be placed in Band A so that she can move to a more suitable location.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she has lived in her current Council home for the past two years. Recently a family moved into the flat above her and installed laminate flooring which amplifies noise of their daily activity. She has a son who has autism and she says the noise affects his condition making it difficult to stay indoors. She applied to go back on the housing register but the Council told her she was adequately housed and ineligible.
Miss X appealed the decision and the Council considered medical evidence which she submitted. The Council’s medical housing advisors accepted that her son had some medical priority and her application was accepted with a priority of Band B. Miss X asked for a review of the decision because she believes she needs to be in band A to have a chance of moving.
The Council’s review left the banding unchanged. It told her that the allocations policy reserves Band A for applicants with a life-threatening illness or disability and the accommodation occupied poses an immediate and exceptional risk of serious harm. It says her situation does not meet both elements of need to warrant Band A.
We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if an applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.
I have seen no evidence of fault which would suggest Miss X should be placed in a higher banding.
Final decision
We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman