Summary: We will not investigate this complaint about the Council’s refusal to award Mr X medical priority for housing. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council has refused to allow him to move property on medical grounds. He says it has ignored the information he provided.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied to move property on medical grounds. He told the Council his current property was making his health worse and he provided supporting information.
7. On review the Council maintained it would not rehouse Mr X on medical grounds. It considered a property survey report and Mr X’s medical information and decided the property was not affecting his health.
8. The Council’s policy is to rehouse on medical grounds where the housing situation seriously affects a person’s health and the property cannot be adapted to meet needs. The Council considered the information provided and decided Mr X’s housing was not affecting his health. There is not enough evidence of fault in the Council’s decision making to justify an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman