The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Miss X to ask the Council to carry out a statutory review of her housing application decision.
The complaint
Miss X complained about the Council’s assessment of her housing application. She says she has been on the housing register since 2018 and is living in overcrowded circumstances with her children and partner. She asked the Council to take the effect on her mental health into account but this has not changed her priority.
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 it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A (6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about her housing application banding which is low priority even though she is overcrowded in her current two-bedroom social housing home. She asked the Council to give her higher priority for a 3-bedroom property and provided evidence of her mental health being affected by her circumstances and a letter of support from her MP.
The Council processed her complaint through its complaints procedure and did not uphold it. It told her that it could not change her application priority banding and that she should ask for a statutory review by the Housing Registration Team and provided information and a link. However, it also advised her that now the complaints procedure was completed she could complain to the Ombudsman.
We would expect someone to use their right to a statutory review before they complained to us. If they feel that the statutory review was not conducted according to the government guidance, or it took longer than 8 weeks then they could submit a new complaint to us.
It is reasonable for Miss X to ask for a statutory review of her application under s.166A of the Housing Act 1996.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Miss X to ask the Council to carry out a statutory review of her housing application decision.
Investigator's decision on behalf of the Ombudsman