Summary: We will not investigate this complaint about housing allocations. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X is unhappy with the Council’s decision to put him in housing band C. He says due to medical needs he is unable to use the stairs in his current home and his children are unable to visit as he lives in a house in multiple occupation (HMO). Mr X says this has impacted his mental health and has impacted his children, who are living in a hotel rather than with him. He would like the Council to change him to band A.

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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)).

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered the Council’s allocation policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint about the way the Council assessed his housing register application. The Council explained why it would not increase Mr X’s medical priority and explained what information he needed to provide if he wanted his medical priority to change. It also explained what information Mr X needed to provide if he wanted the Council to consider an additional bedroom for his children.
6. The Ombudsman cannot question whether a Council’s decision is right or wrong simply because a complainant disagrees with it, unless there is evidence of fault. Here, the Council considered Mr X’s circumstances based on the information it had at the time of his application, and made a decision that was in line with its policy. Therefore, we will not investigate this complaint because there is not enough evidence of fault in the way the Council reached its decision.

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Final decision

7. 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