Summary: We will not investigate this complaint about the Council’s decision on Ms X’s banding priority for housing. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council has failed to acknowledge the impact her current housing conditions are having on the health of her and her children in determining her housing priority band.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant, including the Council’s response to her complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council awarded Ms X a Band 2 priority having considered the information she provided, including medical evidence. It reviewed its decision in the light of Ms X’s complaint that she should be in the highest banding. However, it confirmed she was at the highest possible band for medical need and that she did not meet the criteria to be in Band 1.
8. This decision is disappointing for Ms X but there is no evidence to suggest fault affected it. The Council has followed its housing policy and placed Ms X in the highest possible banding based on her circumstances. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
9. Ms X is a social housing tenant and matters concerning the state of her current property, including the mould of which she also complains, fall under the jurisdiction of the Housing Ombudsman Service (HOS). It is not a matter we can consider. The Council has already given Ms X details for the HOS.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman