• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mrs X to ask the Council for a further review of its banding priority decision.

The complaint

1. Mrs X complained about the Council reducing her housing application priority from Band B to Band D. She asked the Council to review the decision but she was told that she had not requested a review within the 21-day period for doing so.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal.

3. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs was on the Council’s housing register with Band B priority. In June 2024 the Council informed her that her banding has reduced to Band D. She was surprised at this decision because she has a serious illness and needs to move for medical reasons. She asked the Council to review the decision on her application but this was submitted outside the 21-day period for review s and the Council declined her request.
7. Mrs X says the delay was due to her seeking further medical information to support her application. The Council told her in a response in July that she could ask for anew review if she had additional information. We contacted the Council and it says it will accept a new s.166A review request if she submits an application.
8. There is no fault in the Council’s initial rejection of the review because it was out of time. the Council has offered to consider a new review request and this is a reasonable means of progressing the matter. It is not our role to direct a council to make a particular decision in a review, it must make its decision based on the evidence provided according to its allocations policy.

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Final decision

9. We will not investigate this complaint about We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Mrs X to ask the Council for a further review of its banding priority decision.

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Investigator's decision on behalf of the Ombudsman

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