Summary: We will not investigate this complaint about an application for priority housing on medical grounds as it is unlikely we will find fault by the Council.

The complaint

1. Miss X complains the Council has failed to properly consider her priority for housing on medical grounds. Miss X says it is unsafe for her two sons to share a bedroom due to their medical conditions. Miss X says the Council’s decision is upsetting.

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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 the complainant and the Council. I have considered the Council’s housing allocation policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied to the Council for a medical priority for housing. The Council considered Miss X’s application and medical evidence she submitted to it. Miss X was unhappy with the Council’s decision and asked for it to be reviewed, submitting additional medical information. The Council acknowledged the medical diagnoses of Miss X’s children but explained why, in its view, Miss X’s family did not meet the threshold to be considered a medical priority for housing, according to its allocation scheme.
7. I recognise that Miss X is unhappy about the Council’s decision and contests it, but we can only challenge it if there is evidence of fault in the way it was considered, as per paragraph three. I have examined Miss X’s application and review request, the medical evidence she provided and the Council’s responses, and I do not consider there is sufficient evidence of such fault. As such, there are no grounds for our further involvement, and we will not investigate.

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Final decision

8. We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman