Summary: We will not investigate this complaint about the Council’s failure to properly consider Mr X’s housing application. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to properly consider his information or living situation when he applied for housing assistance.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X complained the Council failed to properly consider his medical evidence and information regarding his living conditions when he applied for housing assistance for himself and his family. He also said the Council failed to tell him how to challenge its decision.
6. The Council did not uphold Mr X’s complaint. Its records showed it considered Mr X’s information and decided he did not qualify for medical priority. It later placed Mr X in a band he was not happy with under its new allocations policy. Mr X asked for a review and the Council maintained its decision.
7. Mr X wants us to find the Council at fault. The Ombudsman cannot question the merits of a Council’s decision provided it has followed the correct process. The evidence shows the Council has considered Mr X’s evidence and decided he does not qualify for medical priority or a higher banding. The Council is entitled to make this decision and there is no evidence of fault in its actions. An investigation would therefore be unlikely to find fault with the Council’s decision.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with Council’s actions.

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Investigator's decision on behalf of the Ombudsman