Summary: We will not investigate this complaint about the Council’s decision on Ms X’s priority for social housing. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complains that the Council failed to consider her family’s medical and welfare needs when deciding their priority for social housing. Ms X also complains that the Council failed to respond within its published timescales.

Back to top

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 or injustice to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X has Band 3 priority for social housing. She submitted medical and welfare evidence to the Council because she thought her family met the criteria for Band 2. The evidence showed that her children, Child Y and Child Z are both neurodiverse and sharing a room is having an adverse impact on them.
7. The Council considered the evidence and wrote to Ms X with its decision. It explained that Ms X remained in Band 3. It explained why Ms X did not meet the criteria for Band 2 set out in its allocations policy.
8. We will not investigate this complaint. There is not enough evidence of fault in how the Council made its decision. It considered all the evidence and its decision is in line with its published allocations policy. Where there is no fault in how the Council made a decision, we cannot question the outcome.
9. We do not usually investigate complaint handling if we are not investigating the rest of the complaint. We will not do so in this case. This is because there is not enough injustice to Ms X from any fault to justify investigating this part alone. The outcome of the decision did not change the priority and any delay did not cause a sufficient injustice in isolation.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s decision making to justify investigation.

Back to top

Investigator's decision on behalf of the Ombudsman