Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation. Nor will we consider the complaint about complaints handling, as doing so would not be in the public interest.

The complaint

1. Mr X complained about the Council’s banding decision, stating that it ignored some of his medical evidence. He also complained about the Council’s complaints handling. Mr X said this caused him distress.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained that the Council failed to consider medical evidence from professionals in their decision making.
7. The Council’s initial consideration of Mr X’s application and appeal correspondence demonstrates it considered Mr X’s medical conditions, but this still fell short of the level of impairment that would mean Mr X was eligible for a higher banding.
8. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. The Ombudsman may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy
9. I will not investigate Mr X’s complaint because it is unlikely we would find fault. On the information available in the reports I have seen, there is evidence the Council have followed the processes and considered Mr X’s medical needs, evaluated them in line with its housing allocation policy and decided he did not meet the threshold for medical priority.
10. Mr X also complained about the Council’s delays as well as staff conduct during the complaints handling process.
11. Nor will we investigate complaints handling as it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation. Nor will we consider the complaint about complaints handling, as doing so would not be in the public interest.

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Investigator's decision on behalf of the Ombudsman