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

The complaint

1. Ms X complains the Council failed to properly assess her housing register application. She says the Council did not take account of new medical evidence and failed to respond in a timely manner.

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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. Ms X applied to join the Council’s housing register. She provided medical evidence stating she has health difficulties and requires a second bedroom so her daughter can stay overnight to provide care.
6. Following its medical assessment, the Council decided there was insufficient evidence to demonstrate Ms X requires 24-hour care.
7. Ms X requested a review of this decision. The Council completed the review and decided the original decision had been made correctly. Ms X says the Council failed to take account of new medical information she provided.
8. I have considered the Council’s review decision and am satisfied it did take account of the additional medical evidence.
9. Ms X also complains about delay and poor communication. However, the information provided shows the Council responded and acted within the required timescales when handling her case.
10. We are not an appeal body. It is not our role to say whether the Council’s decisions were correct. We can consider the decision-making process but, unless there was fault in that process, we cannot comment on the decision reached. Councils have wide powers to design their allocation schemes to meet local needs, but the law says all councils must allocate social housing in line with their published allocations scheme.
11. The Council considered the information provided by Ms X and its allocation scheme. It also consulted an independent medical advisor to reach its decision. It explained the reasons why Ms X was assessed as adequately housed and there was no undue delay in making its decision. There is insufficient evidence of fault to justify further investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman