The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s assessment of his housing application. He says he should be awarded a higher medical priority because of his own and his son’s medical conditions.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he has not been given sufficient priority for his housing application because he is only currently awarded band C medical priority under the Council’s housing allocations policy. He says he has had two reviews of his application but he remains in the same banding.
The Council has carried out a statutory review of Mr X’s case but this has not changed its decision. It says he does not meet the criteria for Band A or Band B medical priority under its allocations policy which is reserved for cases with more critical or urgent housing needs.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
We may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
I have seen no evidence of fault which would suggest that Mr X should be placed in a higher banding.
Final decision
We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman