The Ombudsman's final decision
Summary: Mr X complained the Council wrongly awarded his priority banding on its housing register. We have decided not to investigate this complaint because it has been upheld by the Council and it has agreed to apologise, which was appropriate to remedy the injustice caused.
The complaint
Mr X complained the Council had wrongly awarded his priority banding on its housing register.
Mr X says the Council had wrongly removed his children from his application.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was awarded band 3 priority on the Councils housing register in September 2020.
The Council suspended Mr X’s ability to bid for housing on its register in April 2023 due to rent arrears.
Mr X did not contact the Council about the suspension until November 2023.
At that point, the Council identified an error with the priority band awarded. After receiving and reviewing additional information from Mr X, the Council removed Mr X’s children from his application in December 2023, which meant Mr X was only eligible for band 4 priority. The Council wrote to Mr X with the new decision, which was in line with its published policy.
If we investigated this complaint, it is likely we would find the Council at fault for wrongly awarding band 3 priority in 2020. The Council agreed to apologise for the frustration and uncertainty caused, and it has already done so.
Final decision
We have upheld this complaint because the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman