Summary: We will not investigate Miss X’s complaint about the Council’s handling of her housing application because there is insufficient evidence of fault in its decision-making to justify our investigation.

The complaint

1. Miss X complained that the priority for rehousing the Council awarded is too low to enable her to move home. She says the Council did not properly consider her medical needs and the impact of overcrowding on her and her children.

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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))
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)

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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. Miss X applied for rehousing in 2024. The Council awarded Band 11 on its housing register. This is because Miss X is overcrowded and needs a property with one more bedroom that she has in her home.
7. In 2025, Miss X asked the Council to consider whether the impact of her medical conditions meant she should have a higher priority. She shared an Occupational Therapy assessment which recommended various aids to help Miss X, including to manage the stairs and access the bath.
8. The Council considered the new information alongside its published allocations policy, got advice from its independent medical advisor and decided Miss X’s priority had not changed. There is not enough evidence of fault in how the Council made this decision to justify investigating. If there is no fault in how a council made a decision, we cannot question the outcome.
9. If Miss X has new information about her or her children’s needs and the impact on their housing, she can ask the Council to consider it and make a new decision.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman