Summary: We will not investigate this complaint about the Council failing to properly consider Mr X’s medical condition and the frequency of lift breakdowns when deciding his medical points award on his housing application. This is because there is no evidence of fault with how the Council made its decision.

The complaint

1. Mr X complains the Council did not properly consider his medical condition and the frequency of lift breakdowns when deciding his medical point award on his housing application.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

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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. The Council reviewed Mr X’s medical priority in May 2022. Mr X asked for a review as he considered
7. During the review, the Council considered Mr X’s submitted medical information and the lift breakdown report from the Council’s lift contractor. The Council noted the lift breakdown report indicated the lifts were operational for 96% of the time for Lift A and 99% of the time Lift B. The Council decided the medical priority awarded to Mr X was correct as it did not consider the lift reliability presented a significant risk to Mr X’s wellbeing.
8. Mr X raised a complaint and noted there was a day when the ambulance service was unable to attend his property due both lifts being broken. The Council checked the lift breakdown report for that day and noted while the lifts were out of service for cleaning, there was always one available for us. The Council also contacted the ambulance service, who confirmed it had no record of any attendance at Mr X’s address for that day.
9. We will not investigate this complaint as there is no evidence of fault with how the Council considered Mr X’s concerns and medical condition before deciding his medical points. The Council has demonstrated it considered everything Mr X has put forward, as well as considered relevant information to assess the frequency of the lift breakdowns. As the Council made its decision properly, it is entitled to reach a decision on what medical points to award Mr X.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault with how the Council made its decision.

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Investigator's decision on behalf of the Ombudsman