Summary: We will not investigate this complaint about the Council’s alleged failure to consider Miss X’s child’s medical need when she applied to be placed on its housing register. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council did not properly consider her child’s health condition when she applied for the Council’s housing transfer register. She said this caused her stress and negatively affected her child.

Back to top

The Ombudsman’s role and powers

2. 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.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X was placed on the Council’s highest priory housing band and qualified to bid on 4 bedroom properties. Against the Council’s advice Miss X bid on and moved into a 3 bedroom house along with her children.
6. Miss X later decided the property was not suitable for her and applied to the Council to be placed back on the housing register. The Council placed Miss X in its lowest housing band.
7. Miss X was unhappy with the Council’s decision and complained. She also provided medical information for one of her children. The Council considered the information but maintained that Miss X did not qualify for priority housing as her child’s condition was not made worse by their living situation.
8. Miss X wants the Ombudsman to find the Council at fault for not placing her on a higher priority housing band. The evidence shows the Council has considered her circumstances and her child’s medical condition and decided she does not qualify for priority housing. The Council’s allocation policy entitled it to make this decision and there is no evidence the Council has made this decision with fault. The Ombudsman cannot question the merits of a decision which has been correctly made.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman