Westminster City Council (23 005 201)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 07 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s rejection of Mr X’s application to the housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Mr X complained about the Council rejecting his housing application. He says he should qualify for rehousing because he has medical needs which make him eligible under the allocations scheme.

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The Ombudsman’s role and powers

  1. 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

  1. I considered the information provided by the complainant. I have also considered the Council’s housing allocations policy.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied to the Council’s housing register because he says his current home is unsuitable for his needs. He suffered a brain injury in the past and he says that he does not feel secure in his home which is a room in a block of flats with over 90 stairs. He submitted medical evidence from his GP in support of his housing application.
  2. The Council rejected his application because it said that he is currently adequately housed, is not threatened with homelessness and his medical needs are not sufficient to gain him priority to be eligible for the housing register. Although the flat is above ground level it is served by a lift and this is adequate for residents above ground floor. He has security within his own home and there is no recorded threat of violence against him.
  3. Mr X asked the Council to carry out a statutory review of its decision on his case. The Council reviewed the decision in March 2023. The decision was not changed because the Council believed that he did not have sufficient medical need caused by his housing circumstances to be eligible under the housing allocations policy.
  4. 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. I have seen no evidence of fault which would suggest that the Council has failed to follow the correct procedure.

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Final decision

  1. We will not investigate this complaint about the Council’s rejection of Mr X’s application to the housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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