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
Miss X complained about the Council’s refusal to accept her application to the housing register. She says that her current accommodation is unsuitable for her medical needs and those of her child.
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 information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says that she has applied to the Council for rehousing because her current home is unsuitable for her needs. She says she struggles with the steps at her home and that she needs more outdoor space for her daughter who has her own medical needs.
The Council told Miss X that her current home meets her needs and that she does not meet the threshold for medical priority.
Miss X asked for a review of the decision and the review remained unchanged. She then submitted new medical information and the Council’s medical assessor changed her needs to needing a maximum of second floor unlifted accommodation. The Council then told her that as her current home is second floor unlifted she still is considered to be adequately housed. The other issues related to her application were not considered to be sufficient for additional medical priority.
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.
The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. 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 Miss X’s application was not properly assessed.
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