The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council considered an application for housing. This is because there is not enough evidence of fault to justify investigating.
The complaint
Mr X complains about the Council’s decision that he is eligible for a two bedroom house. He says he needs a sensory room, because of a medical condition, and so needs a third bedroom. Mr X says the Council’s decision has caused him distress and impacted his mental health. He would like the Council to reconsider his application.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered Mr X’s medical evidence, explained why it would not increase his need to three bedrooms and explained how the second bedroom or lounge could be used as a sensory room.
The Ombudsman cannot question whether a Council’s decision is right or wrong simply because a complainant disagrees with it, unless there is evidence of fault. Here, the Council took Mr X’s individual circumstances into account and made a decision that was in line with its policy. Therefore, we will not investigate this complaint because there is not enough evidence of fault in the way the Council reached its decision.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman