The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains the Council has not provided a home which is suitable for her son’s needs.
The Ombudsman’s role and powers
The Ombudsman investigates 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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and the medical evidence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
Ms X lives in a one bedroom flat with her child who has some health conditions. Ms X is on the housing register. She is in band C and is registered for a two bedroom home.
Ms X applied for medical priority. She says she has been trying to do this for years but was hindered by the cyberattack the Council suffered in October 2020. Ms X submitted medical evidence in 2022. The Council assessed the evidence and awarded medical priority with a recommendation that Ms X should only bid for ground or first floor properties. Ms X remained in band C with a 2014 priority date. The Council explained there is a severe shortage of social housing and the average wait time for a two bedroom home from band C is 19 years. The Council suggested Ms X explore other housing options.
Ms X says the Council has failed to help and her child needs a home which is safe and has more space.
I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the lettings policy and the Council has placed Ms X in the correct band. Band C reflects that Ms X lacks a bedroom and the Council accepts her child has an urgent medical need to move. The Council’s decision reflects the evidence and the policy so there is no need to start an investigation. We do not act as an appeal body and cannot change Ms X’s banding or get her re-housed.
Ms X says she has been trying to get medical priority for two years. But, as her banding has not changed, despite the award of medical priority, the delay has not had a negative impact.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman