The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that Mr X only has a one-bedroom need. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains about the Council’s decision that he only has a one-bedroom need. He says he needs two bedrooms because of his partner’s disability. He says the Council’s decision means they are unable to bid on suitable properties. He also complains about the Council’s handling of his complaint.
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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council assessed Mr X as having a one-bedroom need. The Council considered the medical evidence provided by Mr X but noted it was not satisfied based on this that Mr X and his partner had a two-bedroom need. The Council also noted Mr X did not receive housing benefit for an additional bedroom.
The available evidence shows it is likely the Council made its decision in line with its allocations policy as it considered the relevant information provided by Mr X before it made its decision on Mr X’s bedroom needs. Therefore, there is insufficient evidence of fault to justify an investigation.
We will not investigate complaints about a council’s complaint handling if we are not investigating the substantive matters that led to the complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault with the way the Council made its decision to justify an investigation.
Investigator's decision on behalf of the Ombudsman