The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about her housing register priority banding. There is insufficient evidence of fault to warrant an investigation.
The complaint
Ms X complains the Council has not taken her concerns seriously and has refused to increase her housing register priority banding. She says she is unsafe in her current property and the matter is affecting her mental health. She wants the Council to move her to a different 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 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In August 2024, the Council reviewed Ms X’s housing register priority banding. It decided her banding would remain unchanged.
In its complaint responses, the Council explained to Ms X how it had considered her case and reached its decision. It explained that, based on the evidence provided and the criteria set out in its housing allocations policy, she did not meet the threshold for a higher priority banding. It invited her to provide additional evidence and said that if she did so, it would conduct a further banding review.
We will not investigate this complaint as there is insufficient evidence of fault. The Council has appropriately considered Ms X’s request for increased banding, and its decision appears in line with its policy. Where there is insufficient evidence of fault in how a Council has reached a decision, we cannot question the outcome. It is open to Ms X to submit further evidence and request a further banding review, if she wishes to do so.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman