Summary: We will not investigate Ms Y’s complaint about how the Council decided her housing eligibility in line with its housing policy. This is because the Council agreed to increase Ms Y’s banding priority, and an investigation is unlikely to achieve any additional outcome.

The complaint

1. Ms X complained on behalf of Ms Y. Ms X said the Council applied its housing allocations policy incorrectly when it assessed Ms Y’s housing eligibility and placed her in an incorrect housing priority band.
2. Ms X said the matter caused Ms Y distress and frustration.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint about how the Council decided Ms Y’s housing band eligibility.
8. This is because, following its final complaint response, Ms X informed the Council of her intention to take the matter to court via a Judicial Review. In response to Ms X’s letter, the Council reviewed the matter and decided to exercise its discretion to award Ms Y a higher band considering all the evidence available. This is the outcome Ms X and Ms Y sought.
9. An investigation into this matter by the Ombudsman is unlikely to achieve any additional outcome. Therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate this complaint because an investigation is unlikely to achieve any additional outcome.

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Investigator's decision on behalf of the Ombudsman