The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s housing application. This is because there is not enough evidence of fault.
The complaint
Mrs X complains the Council has not provided her with a suitably sized property.
The Ombudsman’s role and powers
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)) 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)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to review the priority housing banding it allocated her. The Council increased her banding due to overcrowding.
Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme.
The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. I have viewed the Council’s published allocations scheme. On the information seen, there is no evidence of fault in how the Council assessed Mrs X and she can bid on suitably sized properties.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman