The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing application. This is because there is not enough evidence of fault.
The complaint
Miss X complains the Council: Relied on wrong information in her housing assessment; Discriminated against her by not offering her a suitably sized property; and Allocated her the wrong housing banding.
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 it would be reasonable for the person to ask for a council review or appeal. (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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council ignored information about her health needs in its assessment of her housing needs. The Council considered Miss X’s Occupational Therapy report which says she requires a large one bedroomed property. Miss X says she would like a two bedroomed property. There is not enough evidence of fault to investigate further.
Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme.
The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. I have viewed the Council’s published allocations scheme. On the information seen, there is no evidence of fault in how the Council assessed Miss X and she can bid on suitably sized properties.
It is reasonable for Miss X to use her right of review and request the Council reviews ot
Final decision
We will not investigate @’s complaint because @
Investigator's decision on behalf of the Ombudsman