The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s handling of her housing application. There is not enough evidence of fault to justify our investigation.
The complaint
Miss X complains that the Council failed to properly consider its safguarding duties and risk from domestic abuse when considering her priority on the housing register. Miss X considers the Council should have placed her in band 1 due to the risks and the impact of her housing on her children. Miss X considers that as a result she and her children have been living in unsuitable accomodation for longer than necessary.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council reviewed Miss X’s housing application and placed her in priority band 2 (composite medical award). Miss X requested a review of this decision as she considered the Council had not taken account the risk of domestic abuse and harassment. Miss X considered her circumstances met the threshold of exceptional circumstances due to her children’s needs.
The Council considered Miss X’s review request. It decided to increase Miss X’s housing priority to band 1 due to the impact of her housing on her children’s needs.
We are not an appeal body so we do not come to our own view on what housing priority should be awarded. Our role is to consider if the Council has followed the proper processes when making its decision.
We will not investigate Miss X’s complaint. The Council’s decision to increase Miss X’s priority to band 1 following the review is not evidence of fault in how the decision to award band 2 was reached. The purpose of the review was to reconsider the housing priority decision. A reviewing officer may reach a different conclusion based on the same evidence. This is matter of different professional judgement rather than evidence of fault in how the Council made its original decision to award band 2. So, there is not enough of evidence of fault to justify an investigation of Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint as there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman