London Borough of Newham (22 016 134)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 20 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s housing application. This is because there is insufficient evidence of fault to justify an investigation.

The complaint

  1. Mrs X complains the Council’s handling of her housing application. She asked the Council to move her household to suitable accommodation that could be adapted to allow her mother to move around the house with her wheelchair. She said the Council changed her application’s banding which made it difficult to find a property.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In October 2022, the Council awarded Mrs X’s housing application medical emergency rehousing status due to Mrs X’s mother’s, Ms Y, medical needs. The Council confirmed it sought independent medical advice and that the medical recommendation noted Mrs X current home could not be adapted and that Ms Y needed a property with wheelchair access.
  2. Mrs X said the Council changed her banding, which made it more difficult to find a property. She asked the Council to change her application’s accessible housing category to E+ and to offer a property which could be adapted.
  3. The Council explained in its complaint response it could amend the medical priority to E+ if Mrs X wished. The Council appropriately advised Mrs X that E+ properties can have up to four steps and that her mother would be at a disadvantage as it would be very difficult for Ms Y to move around in these types of properties in her wheelchair. The Council also asked Mrs X to seek independent advice from a reputable advisory organisation before deciding whether to proceed with the requested change.
  4. An investigation is not justified as there is insufficient evidence of fault. This is because the evidence shows the Council has awarded Mrs X’s housing application the highest medical priority status, in line with its allocations policy. The Council also explained it can agree to Mrs X’s request to lower the accessible housing category her application has been awarded. It is open to Mrs X to make this request once she has sought appropriate independent advice on the matter.

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Final decision

  1. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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