West Suffolk Council (22 016 223)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 17 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Miss X complained about the Council’s refusal to give her housing application priority for two-bedroomed accommodation due to her medical requirements.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she has been complaining about her housing application assessment for the past two years. We may only consider matters which have occurred within the past 12 months and this applies to the latest review of her application. In October 2022 Miss X asked the Council to carry out a medical review of her circumstances.
- She says she has medical needs which require her to sleep in a separate bed from her partner and therefore should be considered as having a two-bedroom need. She says a property with a small bedroom would not have sufficient space for a second single bed and so it would be unsuitable for her needs.
- The Council sent her application and supporting evidence which she had provided from medical professionals to its independent medical advisor. In December 2022 the Council informed Miss X that her medical priority had been unsuccessful and that although it was accepted that she required two beds, this did not mean she needed two bedrooms. There is no further review or appeal right on the review decision.
- I have seen no evidence of fault which would suggest that… should be placed in a higher banding. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
- Miss X also has concerns that her current tenancy is due to end shortly and she will be homeless. This is a separate matter from her housing application priority and the Council advised her in 2022 to make contact with its homeless prevention team to discuss her situation.
Final decision
- We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman