Summary: We will not investigate this complaint that the Council has not provided the complainant with alternative accommodation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has not provided accommodation which is suitable for her child’s medical needs. She wants to be assessed for ground floor or lifted accommodation.

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The Ombudsman’s role and powers

2. 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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes Ms X’s request for medical priority and the Council’s decision. I also considered our Assessment Code.

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My assessment

5. Ms X lives in a property on the second floor. Her child has a medical condition which makes it hard for them to manage stairs. Ms X is on the housing register and asked for a review due to her child’s health needs.
6. The Council reviewed the application and awarded medical points for two of Ms X’s children. The Council recommended that Ms X should live in ground floor or lifted accommodation. The Council awarded overcrowding points because Ms X needs a larger home. Ms X now has 230 points to reflect the medical needs and overcrowding.
7. I appreciate Ms X needs a larger home and one that meets the needs of her children. However, I will not start an investigation because there is insufficient evidence of fault by the Council. The Council assessed Ms X’s needs and awarded points to reflect those needs. The number of points reflect the policy so there is no reason to start an investigation. In addition, the Council has recommended ground floor or lifted accommodation. The Council has assessed the application correctly.
8. We do not act as an appeal body and have no power to award more points or ask the Council to provide an alternative home. We can only intervene if there is fault in the way a council makes a decision and I see no suggestion of fault.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman