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 causing injustice.

The complaint

1. The complainant, Ms X, complains about the Council’s decision not to award medical priority with her housing application. She also complains of delay in completing the review and in registering her application.

Back to top

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, or
• any fault has not caused injustice to the person who complained.

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

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the request for medical priority, the supporting evidence and the Council’s response. I also considered our Assessment Code.

Back to top

My assessment

4. Ms X was part of her former partner’s housing application until 2021. Following a change in her circumstances in 2021 Ms X applied for housing in her name in August 2023. The Council approved the application and backdated it to 2021.
5. Ms X applied for medical priority and explained there are problems in the property arising from low water pressure. She said this makes it hard to manage aspects of her health.
6. The Council decided not to award medical priority. Ms X asked for a review in September and the Council confirmed in March that she does not qualify for medical priority. It explained that disrepair is the responsibility of the landlord and it signposted Ms X to its private sector team if the landlord does not do satisfactory repairs.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council assessed Ms X’s request for medical priority and the review reply shows it considered all the relevant issues. There is nothing to suggest fault in the way it decided not to award medical priority. We are not an appeal body and it is not my role to decide if Ms X should qualify for priority or to re-make the decision. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault. In addition, the Council backdated the application to 2021 and responded appropriately by explaining Ms X needs to report disrepair to her landlord and telling her how to get help from the private sector team if needed.
8. The Council delayed completing the review. But, as the review decision confirmed the original decision, this has not caused an injustice requiring an investigation.

Back to top

Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

Back to top

Investigator's decision on behalf of the Ombudsman