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, Ms X, says the Council should put her in a higher band on the housing register. She says the Council ignored her children’s health needs.

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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 Ms X. This includes the Council’s decisions about the housing application. I also considered our Assessment Code.

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My assessment

5. Ms X is in band three on the housing register and is registered for a three bedroom home. She has three children and lives in a two bedroom flat. Two of her children have health needs.
6. Mrs X applied for medical priority and submitted supporting evidence. The Council considered the application but decided her family does not meet threshold to qualify for medical priority. It did, however, award welfare priority. The Council explained Ms X does not qualify for overcrowding priority because the policy says this only applies when someone needs at least two more bedrooms.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. I considered the allocations policy and band three is the correct band for someone with welfare priority. Band three also includes households with a disability or health need.
8. Band one includes households with a severe medical or disability issue. I have considered the Council’s assessment of Ms X’s request for medical priority. It is detailed and refers to the medical evidence Ms X submitted. The Council’s decision not to award medical priority, so that Ms X would qualify for band one, flows from the evidence and policy. I have not seen any fault in the way the Council assessed Ms X’s priority so there is no reason to start an investigation.
9. We do not act as an appeal body. It is not my role to re-make the decision or decide which band Ms X should be in. We can only intervene if there is fault in the way a council makes a decision and I have not seen any suggestion of fault.

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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