Summary: Miss X complained the Council did not properly consider her disabilities and health conditions and so allocated the wrong housing priority band. We have discontinued our investigation as the Council has taken action and Miss X has been rehoused in suitable accommodation.

The complaint

1. Miss X complains the Council did not properly consider her disabilities and health conditions and so allocated the wrong housing priority band.
2. Miss X says this caused her distress and worsened her anxiety and health conditions.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

6. Miss X contacted the Council as she was struggling to manage in her flat. Her flat was on the fourth floor and her medical conditions made access via the lift and the stairs difficult.
7. The Council originally determined Miss X did not qualify for any medical priority. Miss X requested a review and an occupational therapy assessment was completed. This found the property was having a significant impact on Miss X’s wellbeing, was making her feel unsafe and leading to social isolation. The occupational therapist (OT) recommended a ground floor flat with a wet room.
8. The Council’s review gave Miss X priority Band D which is a moderate medical priority saying it was difficult but not impossible for Miss X to continue to occupy the property. Miss X was unclear why she was in Band D and not Band C as the Council’s definition within its allocation policy used the same wording.
9. Miss X’s circumstances changed and she notified the Council she was due to have surgery on her knee. This information resulted in the Council changing her priority banding to Band B. The Council knew Miss X was due to have surgery in March 2024 and so took action to ensure she was provided with a suitable property before the planned surgery.
10. I spoke to Miss X recently and she has now moved into a ground floor property with a wet room. She explained she was satisfied with this but there was an issue with a radiator valve. The Council has confirmed to me the OT will assist her with this issue.

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Final decision

11. I will discontinue my investigation as the action already taken by the Council has resolved the complaint and no further action is required.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman