Summary: We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Ms X to ask for a review of the application.

The complaint

1. Ms X complained about the Council’s assessment of her housing application. She says she has provided medical evidence to the Council relating to herself and her mother over the past years but the Council has not improved her priority as a result.

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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, or
• 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’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says she has submitted medical evidence in support of her housing application over the past few years but it has not improved her housing priority. She says the Council has not specified what information she should provide in order for her to receive medical priority.
6. The Council has explained the different points awards for medical circumstances relating to bands A-C under its allocations policy. It told her that it cannot specify what evidence is required because the system does not operate on this basis. It is for an applicant who may have medical housing needs to provide evidence from medical professionals and this will be used to decide if the evidence is sufficient to warrant higher priority. Each applicant may have different needs and the Council cannot pre-determine what priority an applicant may be given.
7. Ms X made a formal compalint about the assessment of her application and the Council awarded her £25 compensation for a month delay in responding to her complaint. However, it did not uphold the content of her compalint because the complaints procedure cannot be used to seek a change in housing priority.
8. If someone wishes to challenge the priority given to their housing application they can ask for a review of the assessment under s.166A of the Housing Act 1996 Part 6. They can submit any relevant information to support the review which they may have recently obtained. It is reasonable for Ms X to ask the Council for such a review.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of a housing application. It is reasonable for Ms X to ask for a review of the application.

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Investigator's decision on behalf of the Ombudsman