Summary: We will not investigate this complaint about the Council’s decision not to admit Mr X on to its housing register due to his medical needs. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision not to admit him on to its housing register based on his medical needs for bathroom adaptations or a separate bathroom.

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The Ombudsman’s role and powers

2. 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)
3. 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, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council decided not to admit Mr X on to its housing register based on his medical needs. It carried out a review of its decision in September 2023 but the review upheld the original decision.
7. Mr X complained about this but the Council found no evidence its decision had been made with fault and it advised Mr X if he wanted to challenge the decision further he should seek legal advice.
8. Before the end of the Council’s complaints procedure, Mr X submitted a new housing needs report dated September 2024. The Council considered this, but it did not change its decision. It recently completed its response under the third stage of its complaints procedure but found no basis to uphold the complaint.
9. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
10. The Council reviewed its decision in 2023 and exercised its discretion to review it again without the need for a new housing register application following receipt of Mr X’s new housing needs report. Its decision is disappointing for Mr X but there is no evidence to suggest fault affected it.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman