The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the way the Council considered her medical needs. This is because Ms X has the right to ask for a statutory review of the suitability of the property the Council has offered her in discharge of its housing duty, and it is reasonable for her to exercise that right.
The complaint
Ms X complained the Council was not listening to the occupational therapist (OT), who had assessed her housing needs, and had asked the OT to change their report. She said the Council had changed its assessment of her needs to fit what it wanted to do, and she did not agree the property it had offered was suitable.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) We investigate 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 or continue an investigation if we decide: we cannot achieve the outcome someone wants, or it would be reasonable for the person to ask for a council review or appeal; or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and spoke to her about her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has health issues, is homeless and is living in temporary accommodation. The Council accepted a main housing duty and an application to its housing register. It asked an occupational therapist (OT) to assess her housing needs.
Ms X said the OT’s first report said, amongst other things, that she needed a driveway because she could not walk far from her car, and a garden for her support dog. However, Ms X said the OT was asked to change their report and produced a second report, which did not say she needed a driveway or garden. In its complaint response, the Council denied putting pressure on the OT.
Ms X bid for property A, which is in the catchment of her current G.P. The Council told her it could only offer property A if the OT confirmed it met her needs, but that an assessment could not be made at that time because there was still a tenant living in property A.
Later, the Council offered Ms X property B. In its decision letter it explained why it considered property B is suitable, including that it has a driveway and garden. It addressed Ms X’s concerns about the property being outside the catchment of her current G.P and about the distance from her support network. It explained that, whether or not she accepted property B, she could ask for a review of its suitability. Ms X does not consider property B is suitable and thinks the Council has changed its view of her housing needs to justify offering property B.
The central point in this complaint is a dispute between Ms X and the Council about property B’s suitability. Further, the complaint about the OT report is essentially about how the Council decides whether a property is suitable for her. Ms X has the right to ask the Council to carry out a statutory review the suitability of property B, following which she can appeal to the county court on a point of law. It is reasonable for her to exercise her right of review and appeal. Even if we investigated, we would not be able to achieve the outcome Ms X wants, which is for the Council to offer her property A or another property in the catchment area of her current G.P.
For these reasons, we will not consider this complaint further.
Final decision
We will not investigate Ms X’s complaint because she has a statutory right of review and it is reasonable for her to exercise that right.
Investigator's decision on behalf of the Ombudsman