The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council’s assessment of her housing application. There was a delay in entering her application on the system and she says her current housing situation is unsuitable for her and her child. She wants the Council to offer her suitable alternative accommodation.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council’s housing register because she says her current shared housing is unsuitable for her and her son. The property is shared with smokers, and she is concerned about her health and she struggles with flights of stairs using a pushchair.
She applied to the Council in February, but the application did not become live until November. The Council said this was due tot a backlog which occurred due to the COVID-19 pandemic. The Council has backdated her application to February, and she is currently in Band 3 for bidding on properties. There is no indication that she was disadvantaged by the delay due to her lower banding.
Miss X says she needs to be in a higher banding to give her a better chance of being rehoused. The Council says she is in the correct banding for her housing situation according to its allocation scheme.
The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. Miss X could ask for a review of her housing assessment or submit new information if she believes it would affect her priority.
Final decision
We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman