The Ombudsman's final decision
Summary: We will not investigate how the Council dealt with Miss X’s application for housing as it is unlikely we will find it to be at fault.
The complaint
Miss X complains about the Council’s decision on her application for medical priority for housing and that it failed to acknowledge her son needs his own bedroom due to his medical condition. Mrs X says this has caused her family of four severe stress and ongoing emotional and physical strain.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council assessed Miss X’s application and awarded Band D priority with a two-bedroom need. It explained that while Miss X had provided evidence to indicate it was ‘challenging’ for her children to share a bedroom, the Council was not satisfied that they could not. The Council could not therefore support a decision that the family needed three bedrooms.
Miss X provided further medical evidence to the Council in the form of a GP letter which stated Miss X’s son categorically needed his own bedroom due to his condition. Records indicate that the day after the Council received this information, it elevated Miss X’s priority to Band C, with a three-bedroom need.
I recognise Miss X found the process difficult and frustrating, but we will not investigate as it is unlikely we will find fault. The Council explained why, according to its policy, it could not give a higher award. When medical evidence was supplied that supported such a decision, the Council amended its assessment accordingly.
I have referred to the Council’s allocation policy, and its actions were in line with the provisions of it.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman