Summary: We will not investigate Ms X’s complaint her housing application. It is reasonable to expect Ms X to have asked the Council for a review of its decision.

The complaint

1. Ms X complained the Council did not consider her housing application correctly and took too long to make a decision.
2. She says her housing priority should be higher.

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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:

• it would be reasonable for the person to ask for a council review or appeal; or

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Councils Housing Allocations Policy.

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My assessment

7. Ms X complained to the Council that it had declined her application to its housing register.
8. In its complaint response in October 2023 the Council told Ms X she was deemed to be suitably housed based on its records. It explained what information was required to review her case, including information about other household members.
9. Ms X contacted the Council in October 2023 and advised she had provided the requested information.
10. In January 2024 Ms X was accepted onto the housing register in priority band 3. The Council wrote to Ms X with its decision. It backdated the banding to be effective from November 2023.
11. Ms X was accepted to its housing register 3 months after providing the requested information. This is not an undue delay and the Council has backdated the banding decision by 2 months, which is sufficient to remedy any injustice caused.
12. Applicants who wish to challenge a council’s assessment of their housing application can do so by asking for a review of the decision under s.166A of the Housing Act 1996. It is reasonable for Miss X to have asked for a review if she disagreed with the priority awarded.

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Final decision

13. We will not investigate Ms X’s complaint because it would be reasonable to expect Ms X to have asked the Council for a review of its decision.

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Investigator's decision on behalf of the Ombudsman