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, Mrs X, complains the Council will not award medical points for her child who has medical needs. She wants the Council to award medical points and be more considerate of her family’s circumstances.
The Ombudsman’s role and powers
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 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 Mrs X and the Council. This includes the medical evidence and the Council’s assessments. I also considered our Assessment Code.
My assessment
Mrs X is on the housing register and has points because the Council accepted a homelessness duty to her. The Council has provided temporary accommodation until it can offer a permanent home. Mrs X can bid for a permanent home through the housing register.
Mrs X asked the Council to award medical points, in addition to the homelessness points, because her child has medical needs. Mrs X provided medical evidence showing her child’s needs. The Council assessed the evidence but decided not to award medical points or to treat Mrs X’s case as exceptional. The emergency and exceptions panel considered the case but decided not to award further points.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. We are not an appeal body and it is not my role to re-make the decision or decide if the Council should award medical points.
The Council does not award medical points because someone has medical needs but only when the housing conditions have a significant impact on a medical condition. The Council decided the evidence does not show this to be the case and this was a decision it was entitled to make. There is no suggestion of fault in the way the Council reached this decision so there are no grounds to start an investigation.
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