Summary: We will not investigate Miss X’s complaint about the Council’s handling of her homeless application. She says the Council will not give her medical priority despite her and her child’s medical conditions. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about the Council’s handling of her homeless application. She says the Council will not give her medical priority despite her and her child’s medical conditions.

Back to top

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 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X approached the Council as homeless in October 2022. She provided the Council with information about her and her child’s health conditions. Miss X considers the Council has not considered giving her medical priority to move.
6. The Council accepted it owed Miss X the main housing duty and that it was aware of Miss X’s and her son’s medical conditions. The Council has acknowledged that it has a duty to provide Miss X with temporary accommodation. However, Miss X has made it clear to the Council she does not consider temporary accommodation to be suitable for her needs.
7. In line with its allocations policy, Miss X has been awarded Gold priority band on the housing register.
8. There is only one band higher than Gold on the Council’s policy, this is an emergency band. I have reviewed the Council’s policy and Miss X’s stated circumstances and I am satisfied she would not meet the criteria for the emergency band.

The allocations policy also does not allow for housing needs to be stacked to give additional priority. Therefore, while the Council accepts Miss X and her son have medical conditions, this would not provide them with any additional priority. Therefore, Miss X has received the highest banding possible in line with the Council’s allocations policy and an investigation is not justified as we are unlikely to find fault with the Council’s actions.

9. Further, I acknowledge Miss X’s Section 21 notice is due to expire at the end of December 2023. As the Council has accepted the main housing duty, it has a duty to provide Miss X with temporary accommodation. However, Miss X has told the Council she did not consider temporary accommodation to be suitable for her needs. Therefore, we are not likely to find fault with the Council for not providing Miss X with temporary accommodation as the Council is likely respecting Miss X’s position. The duty to provide temporary accommodation will remain and so it is open to Miss X to let the Council know if she is happy to accept temporary accommodation.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman