Summary: We will not investigate this complaint about the complainant’s wish to be re-housed. This is because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, says he is living is unsatisfactory conditions and wants to be re-housed.

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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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. Mr X lives in one room in a relative’s house with his wife and two children. Mr X and his daughter have medical issues. Mr X is on the housing register and is in band 2A for overcrowding.
5. Mr X applied for medical priority. The Council considered his request but decided his problems were mainly related to the overcrowding for which priority has already been awarded.
6. Mr X complained and submitted a medical report about his daughter. The Council withdrew the decision refusing medical priority and is carrying out a fresh review. The Council hopes to compete the review soon.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by carrying out a medical review and doing a fresh review when Mr X provided new medical evidence. It is for the Council, not us, to decide if Mr X should be awarded medical priority.
8. I also will not start an investigation because we cannot achieve the outcome Mr X wants. We cannot get him housed or increase his priority on the housing register.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman