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

The complaint

1. Mrs X complained about the Council’s assessment of her housing situation. She believes she should have a Band 1 emergency medical or disability banding because her child has autism and other problems which require a separate bedroom.

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The Ombudsman’s role and powers

2. 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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X says she needs to move because her current home is unsuitable for her daughter’s needs. She says her daughter needs a separate bedroom from her son and that she needs to be out of high accommodation.
6. She was dissatisfied with her banding and asked the Council to carry out a review of her application. The Council reviewed the case and also consider her medical information. The review concluded that she required a separate bedroom for her daughter but that she is not currently statutorily overcrowded.
7. Mrs X wanted to be placed in the Band 1 Emergency medical or disability banding but the Council says she does not qualify. The allocation policy describes the kind of emergency or urgent needs for this banding and she does not meet either the medical or social services requirements for Band 1.
8. 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. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
9. I have seen no evidence of fault which would suggests Mrs X should be placed in a higher banding.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman