Summary: We will not investigate Mr X’s complaint about the offer of a property in May 2023 because there is insufficient evidence of fault to justify our involvement. We will not investigate his complaint about the priority band awarded on the Council’s housing register because it is reasonable for him to use the review process.

The complaint

1. Mr X complained the Council allocated a property to him in May 2023 that is unsuitable as it does not meet his disability needs. He also complained the Council did not urgently rehouse him after accepting the property was unsuitable.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council review or appeal; or

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X asked for a transfer and the Council assessed his housing needs in 2021. It noted he had some mobility issues, including that he could not walk very far or use stairs. The assessment stated Mr X used a walking stick. There was no mention of him using a wheelchair. It recommended a ground floor property or first floor property in a building with a lift.
6. The Council offered property 1 in 2023. This was a one bedroom flat on the ground floor. It gave Mr X the chance to view the property. It set out his options about accepting or refusing the offer, including his right to ask for a review of its suitability. Mr X accepted property 1 and moved there in May 2023. He later said property 1 was not suitable for him.
7. An Occupational Therapist (OT) carried out an assessment in September 2023. The OT report stated:
• Mr X was using elbow crutches and a wheelchair;
• Mr X told them the Council was not aware he used a wheelchair and zimmer frame when it offered property 1;
• the OT concluded property 1 was not suitable because, although it had a ramp, there was a step to the front door and the doorway was narrow, and because internal doorways were too narrow; and
• property 1 could not be adapted to meet his needs and he needed rehousing in a wheelchair accessible property.
8. Following this, the Council reinstated his application on its housing register. It carried out a fresh medical assessment in March 2024, which considered all the medical evidence it had, including the OT report. Although he would otherwise be eligible for band 2 priority, the Council placed him in band 4 and explained this was because he had capital above the limit in its allocations policy.
9. Mr X disagreed with the priority band and asked for a review. The Council asked him to send its evidence to support his request, but it told us he hadn’t done so. Therefore, it was not able to complete a review.
10. There is insufficient evidence of fault in the way the Council decided property 1 was suitable for Mr X in May 2023, so we will not consider that part of his complaint further.
11. Following the OT report in September 2023, the Council accepted property 1 was not suitable and took appropriate action to reinstate his housing register application. Mr X is unhappy with the priority band awarded. The Council has agreed to carry out a review of its decision and it is reasonable for him to exercise that right, including providing any relevant evidence to enable it to complete the review. We will not consider this part of the complaint further because it is reasonable for the Council to carry out a review.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council decided property 1 was unsuitable in May 2023 to justify our involvement. We will not investigate the complaint about the priority awarded on the Council’s housing register because it is reasonable for Mr X to use the review process.

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Investigator's decision on behalf of the Ombudsman