Summary: We will not investigate this complaint about the Council’s assessment of his housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s assessment of his housing application. He says the Council did not give sufficient priority to his partner’s condition which makes use of stairs difficult when carrying children or shopping.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
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:

0. there is not enough evidence of fault to justify investigating, or
1. we could not add to any previous investigation by the organisation, or
2. further investigation would not lead to a different outcome.

4. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X applied for housing on the grounds of overcrowding in his current home. He was awarded Band 2A category because he needed additional bedrooms. Mr X’s partner suffers from migraine headaches and he applied for higher banding on medical grounds. He says she is unable to manage stairs with children or shopping when she is unwell and stairs may present a danger.
8. The Council carried out a review of Mr X’s medical application, it considered evidence from a GP, health official and its own independent medical advisor. The Council concluded that there was insufficient medical need to warrant medical priority and an increase in banding.
9. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
10. We recognise that the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

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Final decision

11. We will not investigate this complaint about the Council’s assessment of his housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman