Summary: We will not investigate this complaint about the Council’s housing allocations because there is not enough evidence of fault.

The complaint

1. Miss X complains the Council has wrongly refused to give her priority to bid on ground floor properties on medical grounds. She says her current property is unsuitable to meet her family’s medical needs as the lift is often not working.

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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))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. The Council placed Miss X in Band B with a three bedroom need taking into account her medical circumstances in 2018. It has said she may have to wait up to nine years to get a home. Any complaint about the Council’s 2018 banding decision is out of time and there is no good reason to exercise discretion.
8. Any complaint about the Council’s actions in repairing a lift in Miss X’s property is outside of our jurisdiction with reference to paragraph 4 above.
9. Miss X recently asked for higher priority on medical grounds. The Council has said she can re-register and complete a new medical assessment if she wishes. It is open to Miss X to do this. She will then have the right to seek a review and appeal if she is unhappy with the Council’s decision. There is not enough evidence of fault.
10. Miss X says the Council told her it could not prioritise her for a ground floor property on medical grounds. Miss X says this is contrary to its policy.
11. I note the Council’s policy explains it can award priority on medical grounds. It also says if it considers someone to be of medical need it will tell them which type of properties they can bid for. The policy does not say it will prioritise those with medical needs for any particular type of property. There is not enough evidence of fault.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman