Source · LGO (Local Government & Social Care Ombudsman)

Birmingham City Council

LGO (Local Government & Social Care Ombudsman) Other Reference 23-019-850 Sector Housing Category Allocations Decided 09 May 2024

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing register application. This is because there is not enough evidence of fault.

The complaint

Ms X complains the Council has not provided her father, Mr Y, with suitable housing.

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 Ms X and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

In 2023, Mr Y asked the Council to review its decision not to grant his application to join the housing register. The Council considered information provided by Mr Y in its review. Its decision did not change. It explained its reasons to Mr Y and gave him information for a future application.

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 Mr Y.

Final decision

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

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Birmingham City Council

Reference Date Summary Outcome
25-003-130 Upheld
25-020-106 Other
25-020-802 Other
25-017-497 Other
24-023-024 Other
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