Summary: We will not investigate Mrs X’s complaint that the Council refused to increase her priority banding. This is because there is insufficient evidence of fault to justify investigating. We cannot investigate Mrs X's complaint about advice the Council gave her during the mutual exchange process. This is because we cannot investigate complaints about the provision of social housing.

The complaint

1. Mrs X complains the Council:
1. incorrectly placed her in its standard band under its Home Options Allocations Scheme following a mutual exchange. She says the Council has poorly handled and investigated subsequent banding reviews and complaints; and,
2. failed to carry out an accurate assessment during the mutual exchange process and gave incorrect advice.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code and the Council’s Home Options Allocations Scheme (published online July 2021).

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My assessment

8. In 2020, Mrs X moved, by mutual exchange, from a two-bedroom property in her previous council’s area to another two-bedroom property in Norwich City Council’s area (the Council). She lives with her two children. The Council has assessed that she has a three-bedroom need.
9. In April 2024, following a review of Mrs X’s banding, the Council decided to award Mrs X a standard band because she had created the unsuitable housing circumstances. Following a further review in November, the Council upheld the previous decision. It explained that, by deciding to exchange into a two-bedroom property where Mrs X would also be overcrowded (rather than a three-bedroom property where her family’s needs would be met), she had chosen to move to accommodation that was unsuitable from the outset. This meant its standard band was the highest priority band it could award.
10. These decisions are in line with the Council’s published Home Options Allocations Scheme. The Council gave Mrs X clear reasons as to why this was the case. It has not denied Mrs X priority under its Scheme, but explained why it cannot award a higher banding. For these reasons, there is insufficient evidence of fault to justify investigating.
11. It is not proportionate for us to consider Mrs X’s complaint about the Council’s complaint and review handling alone when we are not investigating the substantive part of the complaint.
12. I cannot investigate Mrs X’s complaint about any advice given by the Council during the mutual exchange process. This is because it relates to the Council’s provision and management of social housing. If Mrs X wishes to pursue the matter further, she may wish to make a complaint to the Housing Ombudsman. The Housing Ombudsman deals with complaints about the mutual exchange process and they will reach their own decision about whether the complaint falls within their jurisdiction.

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Final decision

13. We will not investigate Mrs X’s complaint that the Council refused to increase her priority banding. This is because there is insufficient evidence of fault to justify investigating. We cannot investigate Mrs X's complaint about advice the Council gave her during the mutual exchange process. This is because we cannot investigate complaints about the provision of social housing.

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Investigator's decision on behalf of the Ombudsman