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

The complaint

1. Miss X complained about the Council’s assessment of her housing application. She believes that she should be placed in a higher banding due to her complex medical needs.

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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 the 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. Miss X says the Council assessed her housing application without giving sufficient priority to her medical needs. She says that she has a fear of using the stairs in her home and has a history of back problems. She submitted a letter from her GP supporting her claim but the Council dismissed this.
6. The Council says the GP letter was not based on any visit or assessment of her home and it put her case to a Housing Health and Wellbeing panel which is comprised of professionals and an Occupational Therapist who have experience of considering medical needs of housing applicants. They did not consider that Miss X’s application merited higher medical priority.
7. Miss X has requested a review of her application assessment under s.166A of the Housing Act 1996 part 6 and the Council has not yet decided the review. The review will consider the information submitted by Miss X and the Panel’s recommendation The is the correct procedure to have a housing banding decision reconsidered and we would have recommended this had she not already done so.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. It was reasonable for Miss x to ask for a review of her housing assessment.

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Investigator's decision on behalf of the Ombudsman