London Borough of Waltham Forest (23 009 960)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 20 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to award medical priority for Ms X’s housing banding. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- Ms X complains she is in overcrowded accommodation and in the incorrect housing allocation band because proper consideration has not been given to her children’s disabilities.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to her complaint and the information it considered in relation to Ms X’s children for the medical assessment.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question a council’s decision if it has followed the right steps and considered the relevant evidence and information.
- The Council considered the information and forms completed by Ms X which included the Disability and Health Questionnaires for her two children and the CAMHS letter referral. However, having done so, it decided not to award medical priority. While Ms X will be disappointed with the Council’s decision, there is no evidence to suggest fault affected it.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman