The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s application for social housing. It is unlikely an investigation would lead to a different outcome for Miss X.
The complaint
Miss X complained the Council refused to review her priority for social housing. She says as a result, she remains in a property that negatively affects her health.
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 further investigation would not lead to a different outcome. (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
Miss X has Band B priority for social housing because of overcrowding. In 2023, Miss X asked the Council to award medical priority to her housing application and increase her priority from Band B to Band A. The Council refused the request. We did not investigate Miss X’s complaint about this because we said there was not enough evidence of fault.
We will not investigate a complaint about something we have already considered and decided.
In 2025, Miss X gave the Council a new report about her medical condition and its effect on her and asked for a new assessment of her priority. The Council said it would not carry out a new assessment or review because Miss X’s medical conditions and circumstances had not changed.
The Council’s policy has a two-part test for medical priority. The first part is that the property makes the medical condition worse. The new evidence Miss X provided might have met this test.
But the second part of the test is that the applicant must show that moving to a different type of property would reduce the impact of the condition and/or stop the condition getting worse.
Miss X told the Council specific environmental factors cause and affect her condition. The Council’s decision in 2023 explained why these same factors exist across the Council’s area. It said Miss X had not, therefore, shown that moving would improve her condition.
If we were to investigate, we might find fault by the Council for not giving Miss X a new decision in 2025. However, it is unlikely we would achieve a different outcome for Miss X. This is because the most we could achieve would be to ask the Council to make a new decision. The relevant environmental factors remain across the Council’s area. It is likely, therefore, that the Council’s decision would be the same.
If Miss X’s circumstances change or she can show the Council that a different type of property would improve her condition by reducing or removing the impact of the environmental factors, she can ask the Council to make a new decision.
Final decision
We will not investigate this complaint. This is because even if an investigation were to find fault with the Council, it is unlikely we would achieve a different outcome for Miss X.
Investigator's decision on behalf of the Ombudsman