Summary: We will not investigate this complaint about the Council’s handling of Ms X’s housing register application. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Ms X complains about the Council’s handling of her housing register application. She says that having initially placed her in Band A with the highest priority to move, she has now been placed in Band C with less priority.

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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 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

6. Ms X contacted the Council to complain about the time she had been waiting to be rehoused despite having Band A priority. As part of its consideration of her case, the Council carried out a review and having done so decided that on the evidence available her correct banding in accordance with its allocations policy was Band C and it changed her banding to this lower band.
7. This is clearly a disappointing decision for Ms X having initially been granted Band A, but it is one the Council is entitled to take. 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 rights steps and considered the relevant evidence and information and there is no evidence to suggest fault has affected the Council’s decision to move Ms X to Band C.
8. The Council has told Ms X that if she has any new evidence, including medical evidence, to support her application, she can provide this and it will be assessed.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman