The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about her housing register priority banding. Since bringing her complaint to us, the Council has reassessed Ms X’s application. If Ms X is dissatisfied with the reassessment, it is reasonable for her to request a review.
The complaint
Ms X complains the Council has refused to increase her housing priority banding to band one on medical grounds. She says her current housing is unsuitable and causing distress. She wants the Council to increase her priority banding or provide her a direct offer of a suitable 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 it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X applied to the Council for re-housing. The Council accepted her onto its housing register and awarded her priority band three. Ms X was dissatisfied with this decision and requested a review. The Council reviewed its decision in June 2023 and in January 2024, but did not change her priority banding. Ms X was dissatisfied with this decision and brought the complaint to us.
The Council has since reassessed her application and increased her priority banding to band two. The decision letter explains the reasons for its decision for increasing her priority to band two and why she does not meet the criteria for band one. It also backdated her band two priority to June 2023. It states if she remains dissatisfied, she can request a review of the reassessment decision.
We will not investigate this complaint. Since bringing her complaint to us, the Council has reassessed Ms X’s application and reached a new decision. If Ms X is dissatisfied with the new decision, it is reasonable for her to request the Council complete a review.
Final decision
We will not investigate Ms X’s complaint because if she disagrees with the new decision, it is reasonable for her to ask the Council for a review.
Investigator's decision on behalf of the Ombudsman