The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, says the Council has ignored the evidence about her daughter’s disabilities. Ms X says the Council should place her in band A on medical grounds.
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 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)) 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 Ms X and the Council. This includes the application, supporting evidence and decisions. I also considered our Assessment Code.
My assessment
Ms X lives in a two bedroom flat, on the first floor, with two children. Her youngest child (aged under five) has health needs. Ms X also has some medical issues. Ms X submitted medical and supporting evidence to the Council. She explained that her daughter cannot share a bedroom due to her disability. Ms X also explained her daughter struggles with stairs, the lack of space in the flat and the bathroom arrangements. The Council placed Ms X in band B for overcrowding and band B for medical with a recommendation she should have a ground floor property. Ms X says she should be in band A.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered the evidence presented by Ms X and the allocations policy. I have read the policy and band B is the correct band for people who need another bedroom and band B also reflects households where there is a need to move on medical grounds. Many of the problems highlighted by Ms X reflect the lack of space and this is addressed in the overcrowding priority. The Council has not ignored the evidence but has, instead, assessed it and decided to award band B. The decision to award band B flows from the policy and evidence.
We do not act as an appeal body and it is not my role to decide which band someone should be in on the housing register. We have no power to change Ms X’s banding. I can only consider how the Council decided to place Ms X in band B and I have not identified any fault in that process.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman