The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Ms X complained about the Council’s assessment of her housing application. She says she believes her family should qualify for Band A medical priority 1 but after more than one review the Council remains of the view that she only qualifies for priority 2.
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’s responses. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she should be awarded the highest medical priority because she is living in unsuitable accommodation for the needs of her two children. She provided medical evidence in the form of a letter from her GP and education/ social services involvement with her children.
The Council says the threshold for priority 1 medical approval is very high and associated with life-threatening illness or inability to access current housing due to medical discharge from hospital or similar urgent need. The Council’s medical assessor and the allocations team told Ms X that her case is accurately assessed as being in priority 2.
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 for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy. 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 Ms X’s application should be placed in a higher banding.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman