Summary: We will not investigate this complaint about the Council’s assessment of the complainant’s priority for housing which allegedly failed to consider her households medical needs. This is because the Council’s housing decision carried a right of review and it would be reasonable for her to have requested this and completed the review process before bringing her complaint to the Ombudsman.

The complaint

1. The complainant (Miss Q) complains the Council wrongly assessed Her level of priority for social housing. He says the Council failed to take into account Her households medical needs. In summary, Miss Q says this had a substantial and adverse impact on her and her son’s mental and emotional wellbeing. As a desired outcome, she wants the Council to give her greater priority for housing.

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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 or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered tHer complaint

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Because Miss Q and her son have medical needs, the Council’s housing decision carries a right of review. This means a senior officer of the Council will review the original decision and inform her of this, along with reasons. This complaint was brought to us before Miss Q had received a review of the Council’s housing decision, specifically in relation to health needs and medical priority for housing. Though this review process appears to now be complete, we have not received it, and Miss Q has since accepted temporary accommodation by the Council. These events have the effect of invalidating the issues first brought to us.
5. If Miss Q is dissatisfied with the Council’s reviewed decision and its subsequent actions, she should submit a new complaint, noting the need to ensure any new issues have first exhausted the Council’s complaints policy. We will not investigate this complaint because it would have been reasonable for Miss Q have complete the Council’s review process before bringing this matter to us.

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Final decision

6. We will not investigate this complaint. This is because the restriction I outline at paragraph two (above) applies.

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Investigator's decision on behalf of the Ombudsman