Summary: We will not investigate this complaint about the Council’s assessment of Ms X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complains about the Council’s assessment of her housing application. She says her current home cannot be adapted due to her structural issues so she should be on Band A due to her medical conditions.

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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.
3. 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says her house is unsuitable for her medical conditions. Ms X says her home cannot be adapted due to structural issues.
7. Ms X submitted medical information to the Council. The Council carried out an Occupational Therapy (OT) assessment. The OT report said Ms X declined changes to the staircase as she is going to be rehoused soon.
8. The Council said that Ms X does not meet the criteria for Band A as she is not at risk of death or very serious ill-health if not quickly re-housed. The Council concluded that she should remain in Band C.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
10. We may not find fault with a council’s assessment of a housing application/a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
11. I will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council. The Council considered Ms X’s application and relevant information such as the OT report before reaching its conclusion. The Council fully justified its decision which was made in accordance with its published guidance.

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Final decision

12. We will not investigate this complaint about the Council’s assessment of Ms X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman