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

The complaint

1. Mr X complained about the Council’s banding of his housing application. He says that although it has carried out a medical assessment in 2021 he remains in band 5 which is too low for him to successfully bid on properties with suitable parking for his disabled needs.

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The Ombudsman’s role and powers

2. We investigate 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation or
• it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he requires a transfer to a property which has suitable kerbside or off street parking for his disabled mobility needs. He asked the Council to carry out a medical assessment but although this made him eligible to bid on adapted disabled properties, it did not change his banding which remains low.
6. The Council says it has agreed to create disabled parking spaces in a car park on housing land nearby but these must be accessible to all disabled blue badge holders because the bays can only be advisory on housing land which is not a public highway.
7. The Council advised Mr X to submit any new evidence which he may have about his condition if it has changed since the last medical assessment. He would then be eligible to have his case reviewed if he remains dissatisfied with the outcome.
8. 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. It is reasonable for him to request a review if he believes his circumstances have changed.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of Mr 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