Summary: We will not investigate Mr B’s complaint about the Council’s handling of his housing application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has not awarded his housing application the correct priority for re-housing. Mr B says he is struggling with the stairs in the shared house where he lives, and he needs ground floor accommodation. Mr B would like the Council to move his housing application into a higher band.

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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 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 B and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has placed Mr B’s housing application in Band D because he is sharing facilities at his current property with people who are not members of his family. The Council says it has received a request from Mr B for priority to be awarded for medical reasons and this will be considered by the Medical Officer.
6. There is not enough evidence of fault to justify an investigation into Mr B’s complaint. The information indicates the Council’s decision - to place Mr B’s application in Band D as a person sharing facilities with non-family members – was in line with the Council’s housing allocations scheme.
7. Once the Council has decided Mr B’s request for medical priority, he may ask the Council to review this decision if he thinks the decision is wrong.
8. If the Council does not change its decision, Mr B may complain to us if he thinks the Council’s decision-making was affected by fault.
9. But, until the Council has completed its consideration of Mr B’s request for medical priority, it is too early for us to consider this matter.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman