Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing application. This is because there is not enough evidence of fault in how the Council made its decision to justify an investigation.

The complaint

1. Miss X complained the Council did not properly consider her medical and welfare needs, which limit the properties she can bid on. Miss X said this caused her undue distress and negatively impacted her mental health.

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

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My assessment

5. The evidence shows Miss X was awarded a medical priority in 2023 and placed in Band two. The Council also accepted that she requires a four-bedroom property that is no higher than the first floor and ideally close to open space. These factors significantly limit the number of properties available to her, which the Council explained during its correspondence with Miss X. The Council explained that demand for larger properties far outweighs supply, and with Miss X’s restrictions, she will likely have a long wait.
6. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
7. In this case, I have seen no evidence of fault in how the Council considered Miss X circumstances. It applied its housing allocation policy, considered the medical information provided by Miss X and explained why her priority was Band two rather than Band one.
8. While Miss X is frustrated by the lack of suitable properties and the time she may need to wait, this is a consequence of high demand and limited supply rather than fault by the Council. The Ombudsman cannot require a direct offer or alter the Council’s allocation policy.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in how the Council made its decision to justify an investigation.

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Investigator's decision on behalf of the Ombudsman