The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to award Mr X priority status on its housing register. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council discriminated against him when it decided he was not eligible for priority housing status on its housing register.
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
Mr X applied to the Council’s housing register when he became threatened with homelessness and told the Council he felt he should be placed in priority banding.
The Council consulted with Mr X’s GP, reviewed his application and considered the information he provided regarding his mental health.
The Council accepted it had a duty to house Mr X but did not agree that he had a greater need for housing than the average applicant. Mr X asked for a review of the decision and the Council maintained its position, so Mr X referred the complaint to us.
The Ombudsman cannot criticise the outcome of a decision the Council has made if the decision was made in line with the correct process. The Council has provided a detailed response to Mr X’s review request, citing its consideration of his background, medical history and personal circumstances. There is no evidence of fault or discrimination in the way the Council has made its decision. An investigation would therefore be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman