Summary: We will not investigate this complaint about the Council’s handling of Ms X’s housing register application because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council:
• delayed deciding on her banding after she provided an occupational therapy (OT) assessment in August 2024;
• asked her for an OT assessment that included certain details, knowing she could not provide this;
• decided her banding in January 2025 but did not tell her how to appeal this decision.

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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
• any injustice is not significant enough to justify our involvement, or

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In August 2024 the Council listed seven pieces of information it needed Ms X to provide for it to consider her housing application. This included either an Adult Social Care (ASC) or OT assessment with certain information. Ms X then sent the Council an OT assessment.
6. In October the Council told Ms X it was still awaiting the seven items. It explained why the OT assessment provided was not adequate but suggested the information may be available via an ASC assessment. (I note members of the public can ask a council to complete as ASC assessment).
7. On 28 January 2025 the Council sent Ms X a letter with its decision on banding and bedroom need. This also told Ms X how she could request a review of this decision if she disagreed.
8. There is not enough evidence to show the Council was at fault for any delay in deciding Ms X’s application, rather it was awaiting information.
9. If the Council reached a decision in January without receiving further information, this did not cause significant injustice. This is because Ms X says she was unable to provide any further information and because she could seek a review of this decision if she disagreed.
10. I have seen a copy of the Council’s decision letter notifying Ms X of her review rights, so there is not enough evidence of fault in this regard.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman