The Ombudsman's final decision
Summary: We will not investigate this complaint about the priority the Council awarded a housing application. There is no worthwhile outcome achievable by investigation.
The complaint
Mrs X complained about the priority banding the Council allocated her housing register application. She said the Council had placed her family in band B, but that it should have been band A. She said her current property was not safe for her children and places their lives at risk.
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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council wrote to Mrs X with its banding decision in January 2024. She disagreed with its decision and asked for a review. The Council responded the following month, it said that band B was the correct banding.
Mrs X submitted further medical evidence to the Council. It considered that evidence and issued a further decision in May 2024. It continued to award Mrs X band B on medical grounds. Mrs X asked the Council for a review of that decision. The Council has not yet completed its review.
We will not investigate Mrs X’s complaint about the Council’s initial banding review decision. That is because the Council has issued a further decision; this decision supersedes the Council’s January decision. Therefore, there is nothing worthwhile to be achieved by considering its initial decision.
In addition, if we were to find fault with the Council’s initial decision, we would ask the Council to complete a review. It has already done that. Therefore, further investigation would not lead to a different outcome.
Mrs X has asked for a review of its May 2024 decision. Mrs X can return to us if she believes there is fault in how the Council completes this review.
Final decision
We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable through investigation.
Investigator's decision on behalf of the Ombudsman