The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on the housing banding priority given to Mr X. This is because there is no evidence to suggest fault by the Council.
The complaint
Mr X complains instead of being given Band A, the highest priority housing register banding, the Council has given him Band B and has failed to recognise the extent of his family’s overcrowding. He says the Council should immediately rehouse him or give him Band A priority.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) 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))
How I considered this complaint
I considered information provided by the complainant and the Council, including its decision on Mr X’s Housing Application Review.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has accepted that Mr X and his family need to move home. It looked at Mr X’s situation to decide whether he met the criteria for an exceptional need to move award or a Band A priority but decided he did not. It gave him Band B priority with both a Band B medical award and a Band B overcrowding award. It has explained to him that he has been given the highest award to reflect his housing circumstances but that the banding awards are not cumulative so the fact that he has Band B for medical as well as Band B for overcrowding do not change his overall banding of Band B.
It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the rights steps and considered the relevant evidence and information. The Council has followed its allocations policy and there is no evidence to suggest fault affected its decision and no grounds on which to base an investigation.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman