The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is not enough evidence of fault to justify our involvement.
The complaint
Mrs X complained about the Council’s assessment of her housing register application. She said she needed a four-bedroom property because her child’s, Y’s, health needs meant they needed an overnight carer. She said the Council had only allowed her to bid on three-bedroom properties. She said that meant she got no overnight respite from her caring role.
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) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X applied to join the Council’s housing register. The Council assessed Mrs X as needing a three-bedroom property. It awarded Band C priority because of the family’s need for an extra bedroom. Mrs X asked for a review. She said she needed a four-bedroom property as Y needed the support of an overnight carer.
The Council awards an additional room where: the applicant receives middle or higher rate Disability Living Allowance, and there is evidence from a health professional that the applicant meets additional criteria specified in its allocations policy.
The Council considered the evidence Mrs X provided from different health professionals and applied its allocations policy. Although Mrs Y received higher rate for Y, it said there was no evidence that they met the additional criteria, therefore she was not eligible for a fourth-bedroom. However, it increased her banding to Band B, based on Health and Wellbeing grounds.
Mrs X asked for a further review. The Council considered all information provided. It said there were no faults in how it had completed its initial review. It confirmed it had awarded the correct bedroom requirement.
We cannot question whether the Council’s decision is right or wrong, where there is no evidence of fault in how it was made. The Council has considered all available evidence provided. It has applied its allocations policy. It has set out the reason for its decision. There is not enough evidence of fault in how it completed the review to justify our involvement.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman