The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not allowing the complainant to join the housing register. This is because there is insufficient evidence of fault in how the Council reached its decision.
The complaint
The complainant Ms A complains the Council will not allow her to join the housing register.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Ms A has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
My assessment
Ms A told us she requested a review of the decision on her housing application. She told the Council she needs a suitable property for her son’s medical condition and her mobility issues.
The Council considered Ms A’s review request. In this case, after considering all the relevant information provided by Ms A, the Council decided the application did not meet its threshold for a medical award. It said it did not have evidence the medical condition or disability of a household member was worsened by their current accommodation. The Council said it can only make a mobility award following an assessment and recommendation by its occupational therapist service.
Our role is to look at the way councils reach their decisions. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. There is insufficient evidence of fault in how the Council reached its decision so we cannot question the judgement it reached.
Final decision
We will not investigate Ms A’s complaint because there is insufficient evidence of fault in how the Council reached its decision.
Investigator's decision on behalf of the Ombudsman