Summary: We will not investigate this complaint about the Council’s alleged failure to consider Miss X’s medical needs when it denied her housing review request. This is because the Ombudsman would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council failed to consider her application for medical priority when it rejected her housing review request. She said this has caused her distress.

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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))

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How I considered this complaint

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

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My assessment

5. Miss X applied to the Council for a housing banding priority on medical grounds because she wanted to move to different accommodation. She submitted medical information regarding her physical and mental health. She also explained issues she was having with her neighbours.
6. The Council told Miss X she did not qualify for medical priority because her living environment was not contributing to her health condition and most of her complaint was about her neighbour’s behaviour. Miss X was unhappy and requested a review. The Council reviewed the request and maintained its decision.
7. Miss X wants us to find fault with the Council for rejecting her housing band review request. The Ombudsman cannot question the merits of a properly made decision. The evidence shows the Council has considered Miss X’s medical information and decided she does not meet the criteria to justify moving her to higher banding. The Council is entitled to make this decision. The Ombudsman would therefore be unlikely to find fault with the Council’s actions.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman