Broxbourne Borough Council (24 003 065)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 27 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the medical points awarded to her housing register application. This is because there is insufficient evidence of fault.
The complaint
- Miss X complains about the medical points awarded to her housing register application.
The Ombudsman’s role and powers
- 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))
- 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 information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council administers a common housing register for applicants for social housing. Miss X applied to join the housing register in March 2021 due to overcrowding in her two-bedroom property.
- The Council accepted Miss X onto the housing register and awarded her application 160 points. This consists of 100 points for major medical need, 25 points for mixed sharing, 25 points for being one bedroom short, and 10 points for waiting time. Miss X is eligible for three-bedroom properties. Miss X is unhappy with the medical points awarded.
- An investigation is not justified as we are not likely to find fault. The Council has explained it is satisfied the criteria for major medical points has been met as it acknowledges Miss X’s children are experiencing difficulties with sharing a bedroom. The Council accepts that a move to more appropriate accommodation would reduce the adverse effect. The Council does not consider the criteria for extreme medical points is met.
- The Council has properly considered the medical evidence provided by Miss X and provided its rationale for why it has made an award of 100 points. The Council’s decision is in line with its allocations policy. As there is no evidence of fault with how the Council has considered the matter, it is entitled to make its decision. We could not find fault with the decision just because Miss X considers she should receive higher medical points.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman