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

1. Miss X complained about the Council’s assessment of her housing application. She wishes to move from her existing tenancy in Cheshire to the Council’s area but she was only given Band 4 priority which means she does not qualify for reasonable preference. She says her son has medical needs which were not sufficiently considered.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant. I have also considered the Council’s housing allocations scheme.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she needed to move to the Council’s area because her partner’s parent needed support from him. the Council assessed her request but told her that her partner’s sister currently provides support as the main carer and this did not give the application reasonable preference to move into the area under the allocations policy.
6. Miss X’s son was included in her application and she provided medical information about his autism and ADHD and how her current flat affected this. She says he needs a home with a private garden to help with his condition. The Council gave her application a low medical priority based on this information but she still does not meet the reasonable preference priority for a move because of her lack of local connection with the Council’s area.
7. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if an applicant believes that the council should have given more priority to the application to move. We 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. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.
8. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding.

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Final decision

9. 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.

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Investigator's decision on behalf of the Ombudsman