Summary: We will not investigate Mr X’s complaint about the Council’s consideration of his housing application. There is insufficient evidence of fault in the Council’s processes to warrant investigation.

The complaint

1. Mr X complains the Council decided he did not qualify for the housing register because he was adaquatley housed. He says the HMO he lives in is not suitable for him due to his 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council decided not to award Mr X medical priority on his housing application. It said the medical evidence did not show his accommodation was having a direct impact on a medical condition such that only a move would significantly improve his health or welfare. 
7. Mr X later submitted medical evidence and asked for his medical priority to be reconsidered. The Council reconsidered Mr X’s application and decided to award him medical priority.
8. There is insufficient evidence of fault in the process the Council followed when it made its original decision. It considered the medical evidence available at the time and explained why it did not consider the evidence showed his current accommodation was having a direct impact on a known medical condition. When the Council received further medical evidence, it considered a new application and awarded Mr X medical priority. 

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Final decision

9. We will not investigate Mr X’s complaint. There is insufficient evidence of fault in the Council’s processes to warrant investigation.

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Investigator's decision on behalf of the Ombudsman