The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about how the Council considered her housing banding appeal. This is because there is insufficient evidence of fault.
The complaint
Miss X complains the Council have not fully considered the evidence she submitted as part of her banding appeal. She wants to move as her child is at risk of exploitation, and she wishes to be closer to her family support network.
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)).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X appealed her housing application banding status due to safety concerns at her home. The Council considered her application and the supporting evidence in line with its allocations policy. The Council lifted the local connection criteria but concluded Miss X remains safely housed with a housing provider in a different local authority.
I will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation. While I recognise the difficulties Miss X faces the Council cannot exercise discretion outside of their allocations policy.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman