Summary: We will not investigate Mr X’s complaint about the Council’s assessment of his housing application. Part of the complaint is late. There is insufficient evidence of fault in the Council’s recent actions to warrant an investigation.

The complaint

1. Mr X complains the Council failed to account for his medical needs and overcrowding in its assessment of his housing application and is yet made him an offer of social housing. He says his current housing is too small and affecting his health, and he has been on the housing list for over 10 years without an offer. He wants the Council to award him medical priority, increase his priority banding and make him a suitable offer of social housing.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))

5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X joined the Council’s housing register in 2016. We cannot investigate the Council’s actions before January 2025 as this part of the complaint is late. if Mr X was dissatisfied with the Council’s actions before this time, he could have approached us sooner.
9. In October 2025, Mr X submitted new information and the Council reassessed his housing application. It considered his medical needs, supporting information, and advice received from its medical advisor. It awarded him point for overcrowding and for being a working household, but did not award points for medical needs. It wrote to Mr X to explain its decision.
10. Mr X then submitted further medical information to support his application. The Council considered the new information and requested further advice from its medical advisor. It decided not to change his housing priority or award points for medical need. It wrote to him again in April 2026 to explain the decision.
11. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
12. We will not investigate this complaint. The Council appears to have appropriately considered Mr X’s application, evidence and supporting information before reaching its decision not to award medical priority. Its decision regarding his points allocation and housing priority banding appears in line with its housing policy. There is insufficient evidence of fault in how the Council has considered the matter to warrant an investigation.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman