The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains the Council has not provided a larger home, or increased her priority on the housing register, even though she has been waiting for eight years. Ms X wants the Council to move her to a larger home.
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 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))
How I considered this complaint
I considered information provided by Ms X. This includes the Council’s review decision and the allocations policy. I also considered our Assessment Code.
My assessment
Ms X lives in a one bedroom flat with her two children who are both under ten years of age. Ms X is in band C on the housing register and says she has been waiting for a new home for nearly eight years.
Ms X asked the Council to review her priority because she needs a larger property.
The Council did a review. The Council confirmed that band C is the correct band for people who lack one bedroom. The Council explained she has a two bedroom need and is overcrowded by one bedroom.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says that a family with two children aged under ten need a two bedroom home. The policy also says that a family that needs one more bedroom qualify for band C. The Council’s decision to place Ms X in band C reflects the policy so there is no reason to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman