Summary: We will not investigate this complaint that the Council has not moved the complainant, so he is nearer his family. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not move him so he is closer to his family. He has health issues and would like to be closer to family for support. He says the Council has treated him unfairly and keep asking for more medical evidence.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the medical evidence and the complaint correspondence. I also considered the Council’s allocation policy and our Assessment Code.

Back to top

My assessment

4. Mr X lives in a privately rented flat. He would like to move to be nearer to family for support and because he is experiencing neighbour noise which is affecting his health.
5. Mr X is on the housing register in band B. The Council increased his priority to band B after it received medical information stating his current accommodation is affecting his health.
6. Mr X complained and asked for a review because he thinks he should be in band A. The Council reconsidered his case but said band B is correct. It explained that band B is the correct band for people who need to move because their accommodation is detrimental to their health. It explained that band A is for people whose medical condition is life threatening and re-housing is needed due to the detrimental impact of the accommodation. The Council said Mr X had not provided evidence that his condition is life threatening; it said it would re-consider the banding if Mr X provided such evidence.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the medical evidence and the allocations policy and the Council’s decision to place Mr X in band B flows from the evidence and is consistent with the policy. I have not seen anything to suggest that the Council’s decision not to award band A is inconsistent with the policy. Further, the Council will reconsider its decision if Mr X provides new and relevant evidence.
8. Mr X has complained the Council will not move him to a new home. It is not the case that the Council has refused to move Mr X, but it can only offer him a new home if he makes a successful bid via the housing register. We cannot ask the Council to offer a property to Mr X outside of the normal bidding process.

Back to top

Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman