The Ombudsman's final decision
Summary: We will not investigate this complaint about a change in priority date for housing as it is unlikely we will find fault by the Council.
The complaint
Miss X complains the Council changed her priority date for housing from 2018 to 2025 when it awarded her a higher band due to her son’s recently diagnosed medical condition. Miss X believes this has put her in a worse position and wants the Council to put her priority date back to 2018.
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 or there is insufficient evidence of injustice (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. I have considered the Council’s Housing Nomination Policy.
I considered the Ombudsman’s Assessment Code.
My assessment
I have checked the Council’s Housing Nomination Policy (the Policy), and the Council has followed its procedure in respect of the change in priority date. We could only challenge this decision if there was evidence of fault in the way that it was made. I have not seen an indication of such fault.
The Policy explains the shortlisting process for bids received on available properties in that band placement is above time on the register, in the hierarchy of the shortlisting criteria. I recognise why Miss X has concerns about the change in priority date but her complaint does not provide evidence of her being disadvantaged by it.
For these reasons, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman