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, Ms X, says the Council should place her in a higher band on the housing register.
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 decision about her priority on the housing register. I also considered the housing allocations policy and our Assessment Code.
My assessment
Ms X lives in a one bedroom property with her teenage son. She is in band C on the housing register.
Ms X says she should be in a higher band due to the lack of space and the impact of having to share a room with her son.
The Council confirmed band C is correct because she needs a two bedroom property 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 the Council will place applicants in band C if they lack one bedroom. Ms X needs another bedroom. The Council’s decision to place Ms X in band C reflects the policy so there is no reason to start an investigation.
I appreciate Ms X needs a larger home. But, we are not an appeal body and we have no power to tell the Council to increase Ms X’s priority when that would be contrary to the policy.
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