Summary: We will not investigate Mrs X complaint about the Council’s decision to remove her husband’s medical priority from their housing application. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mrs X complains about the Council’s decision to remove her husband’s medical priority from their housing application.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Following a review, the Council awarded Mrs X’s housing application medical priority in December 2022.
6. The Council said a suitable property became available in January 2023. An Occupational Therapist (OT) checked the property to ensure it was suitable for Mrs X’s family. The Council offered the property to Mrs X mid-January 2023. The Council also arranged a viewing with Mrs X and her family with the OT to explain what additional adaptations would be put in place to meet her husband’s specific needs.
7. Mrs X declined to view the property and said this was because the property was not in her preferred location and that the property was too far from the hospital and school. Following this, the Council cancelled the priority at the end of January 2023.
8. I acknowledge the Council issued a letter, in January 2023, which detailed how Mrs X could request a review of the suitability of the offered property. It is not clear whether Mrs X requested a review. However, we do have a copy of an undated email/letter Mrs X sent to the Council. In this correspondence, Mrs X lists the reasons for why the property was not suitable for her household due to its location.
9. It is not clear whether this correspondence was sent outside the 21-day timeframe for requesting a review. However, even if it was, it is good practice for the Council to consider whether to accept the late review request. I cannot see the Council did this.
10. If this request was within the timescales, I am not satisfied the Council has properly considered the points put forward by Mrs X as to why the property was not suitable. The Council’s review response provided, dated August 2023, acknowledges Mrs X preference to remain local. However, it does not engage with or address any of the points Mrs X provided as to why the location of the property offered was not suitable.
11. Therefore, if we were to investigate it is likely we would find this fault, causing Mrs X an injustice.
12. We asked the Council to remedy the injustice caused by its actions by now considering Mrs X’s request for a review of the suitability of the offered property:
• If the Council considers the request to be out of time and does not consider there are good reasons to consider the late request, the Council should write to Mrs X and explain its reasons for its decision.
• If the request is late but the Council decide to accept the late request, it will complete the suitability review. The Council should evidence consideration of the points put forward by Mrs X in her letter/email. The Council will also contact Mrs X to give her a further opportunity to provide evidence/information to support her position that the property offered was not suitable. The Council will write to Mrs X with its decision and rationale.
• If the request is not late, the Council will complete the suitability review. The Council should evidence consideration of the points put forward by Mrs X in her letter/email. The Council will also contact Mrs X to give her a further opportunity to provide evidence/information to support her position that the property offered was not suitable. The Council will write to Mrs X with its decision and rationale.

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Agreed action

13. To its credit, the Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

14. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman