The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on Mr X’s housing register application because there is not enough evidence of fault.
The complaint
Mr X complains about the Council’s decision to assess him as a low priority on its housing register. He believes the Council did not properly assess his health conditions.
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)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council did not properly consider every aspect of his health conditions when assessing him. He asked the Council to review its decision but it stood by its original decision.
The Council’s reply explains the reasons why it made its decision. It says that it carefully considered Mr X’s health conditions when deciding his priority status.
I have seen documents showing the Council took account of the relevant guidance, its own policies and Mr X’s health information. As the Council followed its procedures when making this decision, there are no grounds for me to find fault.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision making.
Investigator's decision on behalf of the Ombudsman