The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Ms X to ask the Council to conduct a statutory review of the decision on her application.
The complaint
Ms X complained about the Council awarding her housing application Band B priority when she believed it should have warranted Band A status.
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
Ms X says she applied for a transfer from her social housing tenancy to a location where she would not suffer harassment from other tenants. The Council awarded her Band B status on the housing register in May 2024. She submitted a formal complaint to the Council because she believes her circumstances warranted Band A priority.
If an applicant wishes to challenge a decision on the assessment of a housing application they can ask for a review of the decision under s.166A of the Housing Act 1996. Ms X did not request a review and following her complaint to us she informed us that she has been rehoused by the Council. She would need to make a new application if she wishes to apply to the housing register.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Ms X to ask the Council to conduct a statutory review of the decision on her application.
Investigator's decision on behalf of the Ombudsman