Summary: We will not investigate this complaint about how the Council considered Ms X’s housing priority. There is not enough evidence of fault and significant injustice to justify an investigation.

The complaint

1. At the time of the Council’s stage two review, Ms X was a Council tenant living in a two-bedroom property with her three children.
2. Ms X complains about the Council’s refusal to award her housing and health points. Ms X says, as a result of the Council’s decision, she and her family are living in unsuitable accommodation which is affecting their health conditions.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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)
6. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X applied to join the housing register several years ago. She was awarded 90 priority points with a three-bedroom need.
10. In January 2024, Ms X asked the Council to review her priority points and asked to be considered for housing and health priority points. The Council refused to award health and housing points.
11. In February, Ms X asked the Council to review its decision.
12. In February 2025, the Council sent Ms X its final review outcome. The Council decided to uphold its decision not to award housing and health points. It explained that 90 priority points was the most it could award under its Housing Allocations Scheme. The Council gave clear reasons with reference to the evidence provided, as well as the recommendations by its Housing and Health Occupational Therapist, and in line with is Allocations Scheme. It explained the evidence and information did not show Ms X’s current property was worsening or causing her or her family members’ medical conditions.
13. These decisions are in line with the Council’s Housing Allocations Scheme. The Council gave Ms X clear reasons as to why it could not award housing and health priority points after reviewing all information and evidence available to it. It has not denied Ms X priority under its Scheme, but explained why it cannot award higher priority points. For these reasons, there is not enough evidence of fault to justify investigating.
14. As the Council’s review decision did not change the outcome, I consider any delay in it completing this did not cause significant injustice. Therefore, I will not investigate.
15. So far as Ms X’s original complaint to the Council concerned issues of disrepair in her accommodation, we cannot investigate this matter. These complaints concern the Council’s actions as Ms X’s social housing provider (“SHP”). It is not within our remit to investigate these complaints. If Ms X wishes to pursue the matter further, she may wish to make a complaint to the Housing Ombudsman. The Housing Ombudsman deals with complaints about disrepair in social housing and they will reach their own decision about whether the complaint falls within their jurisdiction.

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Final decision

16. We will not investigate this complaint about how the Council considered Ms X’s housing priority. There is not enough evidence of fault and significant injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman