Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Miss X to ask the Council to carry out a review of her priority.

The complaint

1. Miss X complained about the Council not giving her housing application sufficient priority. She believes her family’s medical needs should give her a higher banding priority or make her eligible for a direct offer.

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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 this complaint

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

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My assessment

5. Miss X says she needs to be rehoused in a bigger property urgently due to her family’s health needs. One of her children is autistic and needs a separate bedroom from his siblings for their personal safety. She says she has provided evidence from medical professionals about her own and her child’s health needs and has supporting documents from Social Services.
6. She made a formal complaint about her housing priority in 2024 but the Council advised her that she could not use the complaints procedure for a re-assessment of her housing application. There is a procedure under s.166A of the Housing Act 1996 for someone to ask for a review of their housing priority. After Miss X submitted a complaint to us she provided evidence to the Council and asked it to carry out a medical assessment. The Council confirms that this is currently in progress and that Miss X will be informed for the outcome and her further rights to a formal review of any decision.

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Final decision

7. We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Miss X to ask the Council to carry out a review of her priority.

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Investigator's decision on behalf of the Ombudsman