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
Miss X complained about the Council’s banding priority for her housing application. She says she is in the lowest bidding band E but her social housing home is suffering from dampness and she should have higher priority because of this.
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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome (Local Government Act 1974, section 24A (6), as amended, section 34(B)) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X is a housing association tenant and applied to the Council’s housing register because she says she is suffering from disrepair in her rented home. the Council’s Environmental and housing officers have visited the property but did not consider there was sufficient evidence of disrepair to take action under the Housing Act 2004 legislation.
The social housing landlord investigated her complaints and advised her to allow more ventilation into the property to reduce humidity. In response to her complaint, it installed extractor fans in most rooms and humidity monitors. The Council says Miss X needs to work with her landlord to overcome the issues she is experiencing with her home. If she believes her landlord is at fault over the reported disrepair she could make a complaint to the Housing Ombudsman service.
Miss X us currently in Band E on the Council’s allocations list. This is a low banding and the Council says that although it has carried out a review her medical evidence she is considered to be currently adequately housed in social housing which meets her housing needs.
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.
I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding.
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