Summary: We will not investigate Ms X’s complaint about the Council’s refusal to award her housing application medical priority and that it had ignored her request to bid on three-bedroom properties. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Ms X complains about the Council’s refusal to award her housing application medical priority and says the Council has ignored her request to bid on three-bedroom properties.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X is on the Council’s housing register. In May 2024, Ms X submitted medical assessment forms for her and her child. Ms X considers her housing application should receive medical priority due to her and her child’s medical conditions.
6. The Council completed a medical assessment for both at the end of May 2024. For Ms X, the Council was satisfied the criteria for medical priority was not met because, while Ms X had medical conditions, the Council was satisfied her current home was suitable and did not make her health conditions worse. The Council was satisfied there was no compelling medical grounds as to why Ms X’s present accommodation was medically unacceptable.
7. For Ms X’s child, the Council acknowledged the child had medical conditions but did not consider these health conditions were made worse by the current accommodation. Therefore, medical priority did not apply.
8. For both assessments, the Council acknowledged Ms X’s concerns about lack of security of tenure and having to move accommodation frequently was stressful. However, the Council confirmed tenure was not a medical issue and so could not be considered as part of the medical assessment.
9. Ms X asked the Council to review its decision in June 2024. The Council completed its review at the end of August 2024. The reviews upheld the Council’s original decisions.
10. In response to our enquiries, the Council confirmed that while the medical assessments did determine Ms X’s current accommodation to be suitable, it accepted it failed to consider and address whether Ms X’s child needed his own room. If we were to investigate, it is likely we would find fault with this. I am satisfied the likely fault will have caused some uncertainty as to whether the Council’s decision is correct.
11. The Council offered to complete a new medical assessment and to give Ms X another opportunity to provide any new information she wishes it to consider as part of the medical assessment. I am satisfied this is a proportionate offer to put right the injustice caused by the likely fault.

Back to top

Agreed action

12. The Council agreed to complete the above within four weeks of the final decision.

Back to top

Final decision

13. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman