The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s application to move to a more suitable home. There is not enough evidence of fault by the Council to justify investigating.
The complaint
Miss X complains about the Council’s handling of her application for a transfer to a more suitable home. She says the Council has not properly considered the impact of her and her children’s medical conditions in deciding what kind of property they need.
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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X lives on the second floor in a building with no lift. She and one of her children have medical conditions that make it difficult to manage the stairs. The property is also too small for the family’s needs. Miss X is in the highest priority Band A for a move to a different home.
We will not investigate this complaint. There is not enough evidence of fault by the Council to justify investigating. It has awarded priority in line with its published policy and considering the family’s needs.
Miss X is already in the highest priority band. The Council agrees she needs a ground floor property or one with a lift. Therefore, it is unlikely investigation would lead to a different outcome or could achieve anything more.
In response to her complaint, the Council accepted some fault for errors in communication. It has apologised for these. This is a suitable remedy for the injustice caused. We will not investigate as it is unlikely we would recommend anything different or add to the Council’s response.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault and investigation would be unlikely to achieve a different outcome.
Investigator's decision on behalf of the Ombudsman