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

The complaint

1. Mrs X complained about the Council’s assessment of her housing application. She says she should have a higher medical priority because she was assessed by an Occupational Therapist who identified a need for a walk-in shower.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

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

(Local Government Act 1974, section 24A(6))

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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.

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My assessment

6. Mrs X applied to the Council for a transfer to a property which has more suitable accommodation for her and her husband who have mobility problems in their current two bedroom home.
7. The Council carried out a medical assessment of her needs following a report from an Occupational Therapist which advised a walk in shower and wheelchair accessible rooms.
8. The Council awarded her Band C medical property in recognition of the difficulty with bathing and recommended two-bedroom, wheelchair accessible accommodation. The Council says the wheelchair standard includes suitable bathing facilities for wheelchair users and this meets the recommendation of the Occupational Therapist.
9. Mrs X asked for a review of the Council’s assessment. The review was carried out but the medical award was unchanged. The Council says the medical points correctly reflect her housing needs according to the scheme of allocation.
10. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

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Final decision

11. We will not investigate this complaint about the Council’s assessment of Mrs X’s 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