Luton Borough Council (23 015 316)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 14 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Miss X complained about the Council’s assessment of her housing application. She says she should be eligible to bid on three-bedroom properties because her son has medical needs which require him to have a separate bedroom. The Council says she does not have sufficient medical priority.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X applied to the Council’s housing register. She says she requires three bedrooms because one of her children has medical needs which makes it unsuitable for him to share with siblings. She submitted medical evidence of his condition and asked for a medical assessment. She also submitted a complaint to the Council through her member of Parliament.
- The Council put the matter to its independent medical assessor to consider the evidence of housing need. The assessment was returned with the decision that she did not require an extra bedroom at present because her son’s needs were not sufficient to warrant this.
- The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the organisation made.
- 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. I have seen no evidence of fault which would suggest that Miss X’s application was not correctly considered.
Final decision
- We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman