Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing application. This is because we are unlikely to find fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to take proper account of his mental and physical illnesses in determining his housing band priority and he wants to move as soon as possible to another property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to his complaint
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. The Council has assessed and reviewed Mr X’s housing application and placed him in Band 3. While Mr X may be disappointed with this decision, there is no evidence to suggest fault affected it. Mr X has a number of health conditions but the Council decided he does not have a medical requirement to move. This is a decision the Council is entitled to make, and we cannot review its merits.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman