Summary: We will not investigate this complaint about the Council's assessment of Miss X's housing application and eligibility to bid for certain properties. There is insufficient evidence of fault in the way the Council applied its housing allocations scheme to warrant an investigation.

The complaint

1. Miss X complains the Council has failed to properly consider her medical circumstances. She says she has suffered a stroke and struggles to manage the stairs to her second-floor flat. She also complains she cannot bid for older persons' housing and bungalow accommodation despite providing medical evidence. She says she should be allowed to move to more suitable accommodation.

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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 and we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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 says her current accommodation is unsuitable because she struggles to manage the stairs following health problems. She also says she should be eligible to bid for older persons' housing and bungalow accommodation.
7. The Council's allocations scheme provides that applicants with a high medical need may be awarded Band 2 priority.
8. The scheme also provides that accommodation designated for people aged 55 and over is generally restricted to applicants meeting that age criterion. One-bedroom bungalows are normally offered to applicants aged 55 or over, although the scheme allows an exception where the Council recognises an applicant as having a specific medical need for that type of accommodation.
9. The Council considered Miss X's medical evidence, and it reviewed her application and her medical priority. The Council assessed that a ground-floor accommodation and accommodation with lift access would meet Miss X’s needs. And it awarded her Band 2 medical priority.
10. The Council also explained that, under its previous housing system, applicants were able to place bids on some properties for which they would ultimately not qualify. The Council says the newer system prevents bids being placed for properties where applicants do not meet the eligibility criteria.
11. The Ombudsman is not an appeal body. We do not decide what housing priority an applicant should receive or what type of property best meets their needs. Our role is to consider whether the Council followed the correct process, considered the relevant evidence and applied its published allocations scheme.
12. I have seen no evidence the Council failed to consider relevant medical information or failed to follow its allocations scheme when assessing Miss X's housing needs.
13. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Final Decision

14. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman