Summary: We will not investigate this complaint about the Council’s decision not to award a priority star as part of the complainant’s banding on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council has not awarded a community contribution priority star as part of her housing application. She volunteers at a school and wants the Council to award the star.

Back to top

The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence, the allocations policy and information about the school. I also considered our Assessment Code.

Back to top

My assessment

4. The policy says some people who volunteer will qualify for a priority star which gives them additional priority on the housing register. To qualify the person must volunteer with a not-for-profit organisation or charity which is registered with the Council or a Registered Provider.
5. Mrs X applied for a priority star because she volunteers at a school. The Council decided not to award a star because she does not volunteer with a not-for profit body, or charity, that is registered with the Council or Registered Provider.
6. On its website, the school describes itself as a not-for-profit organisation which is registered with Companies House. I asked the Council about this. The Council explained it believes the school is a commercial organisation rather than a not-for-profit, and it is registered with Companies House as a limited company. The Council said the school is not registered with the Council or a Registered Provider.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X is a volunteer but the Council decided she is ineligible for the priority star because the school does not meet the criteria; even if the school is a not-for profit body it is unregistered registered.
8. I appreciate Mrs X may disagree, but I have not seen any suggestion of fault in the way the Council made this decision so there is no reason to start an investigation. We could not ask the Council to award the star when that would be contrary to the policy.

Back to top

Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman