Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X says she is living in accommodation which is unsuitable for her family’s health needs and is overcrowded. She is currently in 2A on the housing register and believes she should have a higher banding priority.

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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 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

3. I considered information provided by Mrs X, including information from the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she is living in accommodation which is unsuitable for her family due to her husband’s medical needs and her youngest child’s special needs. They are also overcrowded. She says the Council is ignoring medical reports on the needs of her husband and youngest child.
6. The Council received information from Mrs X. It confirmed it also sought updated independent medical reports for further assessment on her husband’s medical needs and included her youngest child. It confirms it reviewed all information including medical reports . It stated its Independent Medical Examiner recommended band 3. However, the Council assigned Mrs X’s family to band 2A.

7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
8. We may not find fault with a council for allocating people to bandings according to its published allocations policy.
9. I have seen no evidence that the Council has failed to consider all the information which Mrs X has provided about her application and assess her application in line with its Allocations Policy.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman