London Borough of Wandsworth (23 014 910)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 06 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the points the Council awarded on its housing register. This is because there is no evidence of fault in the way the Council made its decision.

The complaint

  1. Mrs X complained about the points the Council awarded on its housing register. She said she was living in overcrowded conditions, and the Council had not properly considered her medical conditions, including whether she had difficulty using stairs to access her property.
  2. Mrs X said the Council’s decision had caused stress and anxiety, and it meant the family continued to live in housing that was not suitable for them.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by the Mrs X, including her review request, the medical assessment form she provided to the Council and the Council’s letter setting out the outcome of the review.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council accepted Mrs X’s application to its housing register in 2018. In May 2023, she provided information about her medical conditions, which she said were getting worse. She also provided supporting evidence from medical professionals.
  2. The Council considered the information Mrs X provided. In September 2023, it decided she needed five bedrooms. It awarded band B priority on its Transfer Queue and 225 points.
  3. Mrs X asked for a review of the decision and provided additional information in support.
  4. The Council reviewed its decision and wrote to her with the outcome in November 2023. In its review decision letter, it set out all the evidence it had considered. It set out in detail its reasons for deciding the original decision was correct.
  5. It is not our role to act as an appeal body or to say whether the Council’s decision was correct. Unless there was fault in the decision-making process, we cannot comment on the decision made.
  6. The evidence shows the Council considered all the evidence Mrs X provided, and its review decision letter explained how it had considered this. Its letter also explained its reasons for deciding the priority awarded in September 2023 was in line with its allocations scheme. There is no evidence of fault in the way it made its review decision, nor was there any delay in carrying out the review. Therefore, we will not investigate the complaint.

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Final decision

  1. We will not investigate Mrs X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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