Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s assessment of her housing application and the delay and outcome of reviews of her banding. She also disagrees with the policy of applying new changes from the date they were confirmed.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X says the Council delayed adding her son’s medical priority to her application following a medical assessment in June 2022. She says her son suffered from the same condition a year earlier when she first applied so her priority for ground or first-floor property should be backdated to that time. The Council told her that the priority was only awarded following an assessment of her son and this was the relevant date.
6. Miss X says she is overcrowded and her son should have a separate bedroom. The Council says this was not identified in the medical assessment and she is not statutorily overcrowded because the law includes all habitable rooms as usable for sleeping accommodation. Since the assessment Miss X has submitted a homeless application. If this is accepted then she will be offered temporary accommodation. However, if this is the case, she will remain in band 3 which is the status given to homeless applicants in temporary accommodation.
7. Miss X made a formal complaint about her assessment which was considered at the stages of the complaints procedure and by an independent reviewer. The investigation concluded that she was in the correct banding for her circumstances.
8. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if an applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman