Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. It was reasonable for her to ask the Council to review the decision.

The complaint

1. Miss X complained about the Council’s decision not to give her housing application higher medical priority due to the effect on her mental health of being homeless.

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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 it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X presented as homeless to the Council in 2023 and is currently assessed as Band A which is the banding awarded to homeless applicants in temporary accommodation. She says living in these circumstances has affected her mental health and applied for a medical assessment because she believes she should be in band A+ which is reserved for applicants with cumulative medical needs.
6. The Council decided that she was in the correct banding for her circumstances and informed her that she was entitled to a statutory review of the decision. Instead, Miss X made a formal complaint and sought to have her case put through the complaints procedure. The Council says this is not an appropriate use of the procedure and that where an appeal or review is available as a remedy this must be pursued.
7. Miss X has since asked for a review under s. 166 A(9)(c) of the Housing Act 1996 and the Council says this will be completed by December.
8. We will not investigate a complaint where there is aright to a statutory review available and it is reasonable for the complainant to use this remedy.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. It was reasonable for her to ask the Council to review the decision.

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Investigator's decision on behalf of the Ombudsman