Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, says the Council should place her in band one on the housing register.

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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 Mrs X and the Council. This includes the medical evidence and housing application decision. I also considered our Assessment Code.

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My assessment

5. Mrs X applied to join the housing register. She provided evidence showing that one of her children has complex medical needs and needs their own room. Mrs X highlighted the lack of space and impact on the family.
6. The Council assessed the application and placed Mrs X in band two on the housing register and awarded an extra bedroom. The Council recommended ground floor/lifted accommodation and a level access shower. Band two is the band for people who have a high medical need to move and the current accommodation has a significant impact on their health.
7. Mrs X disagrees with the decision and says the Council should place her in band one. She says the Council is not treating her need to move as urgent and has neglected her child. The Council places people with the most urgent need to move in band one; this may include people whose housing is inaccessible and there is a severe impact on health.
8. We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council considered all the evidence, received input from the child’s doctors and Occupational therapy team, and cross-referenced the evidence with policy. The decision to put Mrs X in band two is consistent with the policy and flows from the evidence.
9. I appreciate Mrs X thinks she should be in band one and says the Council has neglected her child. But, we do not act as an appeal body and it is not our role to re-make the decision or decide which band Mrs X should be in. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault. There is nothing to support the allegation that the Council has neglected the child, not least because it decided the family has a high medical need and it made recommendations regarding suitable properties.

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Final decision

10. 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