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 assessment of his housing application. He says that its review of his priority did not give sufficient weight to the effect of anti-social behaviour (ASB) in the locality on his medical condition. He wants the Council to move him from Band 4 priority to Band 2 on medical grounds.

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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 how the organisation made its decision, 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his housing association home is affected by nuisance behaviour from children at a neighbouring private property and from youths congregating in the area. He has been complaining about the matter to his social landlord and the Council’s ASB team and the police for several years. He asked the Council to rehouse him and has been awarded Band 4 which is a low priority.
6. The Council says Mr X is adequately housed for his needs in a social rented home. He has made minimal contact with its ASB Team and the police about the issues which he says are stressing him. His social housing landlord did not consider his request for a move to have sufficient priority.
7. Mr X asked for a review of his housing priority. The Council carried out the review but told him he remains in Band 4. He did not submit any medical evidence supporting his request for medical priority. The Council told him this was crucial for a medical award because Band 2 requires a level of medical need which makes the current housing unsuitable and is related to the condition. A high level of medical need must be verified before such priority is given.
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.

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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