The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to allocate Ms X a two bedroom property rather than a three bedroom one. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
Ms X complains the Council has wrongly allocated her a two bedroom property rather than the three bedroom property she requires because of her child’s disability.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X sought a review of the Council’s decision that she is entitled to a two bedroom property and not the three bedroom property she seeks to accommodate her disabled child.
Having reviewed the case and considered the evidence provided by Ms X, the Council upheld its original decision and confirmed the current two bedroom allocation was correct.
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault affected the Council’s decision here.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman