Summary: We will not investigate this complaint about delay in offering suitable accommodation. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X says the Council has unreasonably delayed offering him accommodation that meets his medical needs.
2. Mr X has health conditions which he says affect his mobility. His current accommodation has 27 steps on entry. He says this leaves him at risk of falls. He also says the need to climb stairs is worsening his medical conditions.
3. The Council offered sheltered accommodation. Mr X says this does not meet his needs as his family provide him with personal care. He says the Council has not offered an alternative.
4. Mr X says he has experienced ongoing stress and anxiety.

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The Ombudsman’s role and powers

5. 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))

6. 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

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has given Mr X’s housing register application the band with the highest possible priority on medical grounds.
10. The Council has told Mr X his position on the waiting list within this band.
11. The Council also recorded his preference not to live in an assisted living placement. It explained this reduces the number of properties it can consider for him.
12. The Council has expressed empathy for Mr X’s medical conditions and regret that demand outstrips housing availability.
13. I understand Mr X’s need for alternative accommodation and am sorry to hear about the impact the wait has on him. However, the council’s duty is to have and administer a scheme.
14. Provided the council has followed its scheme, we are unlikely to find fault for how long it takes to be successful in securing social housing. I am satisfied the Council followed its scheme when dealing with Mr X’s housing application, so there is not enough evidence of fault to justify investigating.

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Final decision

We will not investigate Mr 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