Summary: We will not investigate Miss X’s complaint about the Council’s assessment of her housing priority. There is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains about the Council’s decision not to increase her houisng priorty from band B to band A. She says that her current accommodation placed her child at risk as she cannot maanage his medical needs in the property and due to mould and damp. Miss X says athat as a result her child is placed at rsik of harm and this is causing a signficant impact on her mental health.

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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 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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied to join the Council’s housing register as she considered her property was unsuitable due to her child’s serious illness. The Council placed her in Band B due to her child’s significant medical needs.
7. Some months later, Miss X’s social worker requested a review of the Council’s decision on her behalf. The social worker said Miss X could not safely manage her child’s medical needs in the property due to overcrowding, mould and damp.
8. The Council considered Miss X’s review request, but it did not change its decision to place her in band B.
9. We are not an appeal body so we will not come to our own view on whether the Council should award Miss X the highest band priority. Our role is to consider if the Council has followed the proper processes when making its decision.
10. We will not investigate Miss X’s complaint. The Council’s letter to Miss X notifying her of its review decision shows it considered the relevant information when reaching its decision. This information included Miss X’s medical assessment and reasons for requesting a review. The Council explained why it considered Miss X’s circumstances did not meet the criteria for band A priority. So, there is insufficient evidence of fault in how the Council considered Miss X’s housing priority to justify an investigation of her complaint.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman