Summary: We have decided not to investigate Ms X’s complaint about the Council’s award of band 3 on its housing register. The Council has upheld the complaint and agreed to remedy the injustice caused by carrying out a fresh review of its decision.

The complaint

1. Ms X complained the Council placed her in the wrong priority band on its housing register. She is in band 3 but considers she should be in band 2 due to ongoing domestic violence and the medical conditions of her children.
2. Ms X says the lower priority band means the family remain in a situation where they are afraid to leave the house.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. The Council accepted a homelessness application from Ms X, who is suffering from domestic abuse from a former partner. It placed her in band 4 on its housing register whilst it completed the homelessness assessment, which is in line with its scheme. It later accepted a main homelessness duty and awarded band 3 on its housing register to reflect that. Ms X says she should be in band 2 due to the ongoing risk of domestic abuse and her children’s medical conditions.
7. The Council reviewed the priority band at stages 1 and 2 of its complaints process. It said band 3 was correct because Ms X is homeless. It did not explain why she did not meet the criteria for band 2, which gives extra priority for those whose physical or mental health is severely affected by their current housing and who need to be urgently rehoused.
8. If we investigated this complaint, it is likely we would find the Council at fault for not explaining the reasons for its decision that Ms X does not meet the criteria for band 2.
9. Within two months of the date of the final decision, the Council has agreed to:
• apologise to Ms X, in line with our Guidance on remedies (available on our website) for not explaining its decision;
• carry out a fresh review within two months of the date of our final decision and issue a decision explaining its reasons. If it agrees Ms X is entitled to band 2, it will back-date her priority to reflect its delay in awarding this; and
• remind relevant staff of the need to properly explain the reasons for housing register review decisions.

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Final decision

10. We have upheld this complaint because the Council has agreed to resolve the complaint early by carrying out a fresh review of its housing register decision, which is a proportionate remedy for the injustice caused, and by improving its service for others.

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Investigator's decision on behalf of the Ombudsman