Summary: We will not investigate Ms X’s complaint about the Council’s handling of her housing application because there is insufficient evidence of fault in its decision-making to justify our involvement.

The complaint

1. Ms X complained that the council wrongly refused their application to join the housing register by incorrectly recording the household's total income. Ms X also says that the council failed to consider newly submitted evidence in regard to her children when assessing medical priority.

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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; or
• further investigation would not lead to a different outcome; or
• we cannot achieve the outcome someone wants.

(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. We are not an appeal body. It is not our role to say whether the Council’s decision was correct. Unless there was fault in the Council’s decision-making process, we cannot comment on the decision reached. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
6. The review decision explains the Council considered the medical evidence provided for each household member including the paediatric report(s) against the Council’s medical banding criteria. This indicates the Council considered the medical information provided. It is also noted that the Council considered whether discretionary powers could be used in Ms X’s case, but no overriding priority was identified.
7. Furthermore, the Council explained its housing policy at each stage. There is no evidence to suggest fault such as failure to consider key evidence, or misapplication of the policy.

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Final decision

8. We will not investigate Ms X’s complaint on the basis that there is insufficient evidence of fault to warrant an investigation. The weight of evidence concludes that the council acted in line with relevant law and guidance.

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Investigator's decision on behalf of the Ombudsman