The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s assessment of his housing application. He says he is currently overcrowded in a one-bedroom council flat with members of his family who have medical needs. He also says the flat has had a history of mould issues which he has reported since 2016 without a solution to the problem. He says he should be given higher housing priority than his current band C.
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 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 and the Council’s response. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Council to review his housing application in 2023. The Council has assessed his housing need as priority Band C because he is lacking a bedroom and because he and one of his children have medical conditions which moderately affect their housing needs. The Council carried out the review in May 2023. It’s decision was that the Band C award was correct for Mr X’s circumstances and that he did not meet the threshold for higher priority bands under its allocations policy.
I have considered the Council’s reasons for its decision and the evidence which it referred to in the review. I can see no evidence of fault in the way in which the Council came to its decision.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
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. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman