Summary: We will not investigate Miss X’s complaint about the Council’s housing allocation decision, and the accessibility issues she is facing. This is because we have not found enough evidence of fault to justify investigating the first part of her complaint. The second part of her complaint is premature and therefore we will not investigate it.

The complaint

1. Miss X complains that the Council reduced her bedroom entitlement from four bedrooms to three bedrooms. She feels that the Council has not taken her medical condition and personal circumstances properly into account.
2. Miss X also complains about some accessibility issues in her bathroom.

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The Ombudsman’s role and powers

3. 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))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complains that the Council reduced her bedroom entitlement from four bedrooms to three bedrooms. Whilst I acknowledge Miss X’s frustration, I have not found enough evidence of fault in the Council’s consideration of her housing needs.
8. The Council considered her evidence and made its decision about her bedroom entitlement in line with its housing allocations scheme.
9. The Council explained that under its Housing Allocations scheme, Miss X’s 22-year-old daughter is not counted as part of the household for the purposes of calculating Miss X’s bedroom entitlement because of her age.
10. The Council also explained that under the scheme, Miss X’s daughter may be counted as part of the household if Miss X provides evidence that her daughter is registered as providing care to Miss X.
11. I am also satisfied that in making its housing decision, the Council took Miss X’s personal circumstances and medical evidence, including Occupational Therapy reports, into account.
12. Miss X also complains about the accessibility issues in her bathroom. However, I have not seen evidence the Council has first had a chance to investigate a complaint about this. Therefore, I will not investigate. Miss X may raise a new complaint to the Council.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating and because part of her complaint is premature.

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Investigator's decision on behalf of the Ombudsman