The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council did not make reasonable adjustments for him. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council did not make reasonable adjustments for him when he applied to join its housing register. He said he could not complete the necessary forms, and that the Council had not provided him an email address. He said the Council’s housing allocations policy did not address Autistic applicants housing needs.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint the Council did not make reasonable adjustments for him. The Council’s complaint response confirms it: Said Mr X could submit his housing application either in person, or through email if he could not submit the online form.
Completed his medical needs assessment over the telephone.
Responded to his emails about his housing application.
I am satisfied the Council did make reasonable adjustments in respond to Mr X’s requests for support. There is not enough evidence of fault to justify our involvement.
The Council decided Mr X was not eligible to join the housing register because of equity he held in other properties. It wrote to Mr X setting out how he could ask for a review of that decision. It was appropriate for Mr X to ask for a review if he disagreed.
The Council said it did not progress Mr X’s medical needs application as he was not eligible to join the housing register. There is not enough evidence of fault in how the Council made that decision to justify our involvement.
The Council’s allocations policy sets out how it considers medical needs of its housing applicants. In its response to Mr X, it confirmed its policy did not differentiate between medical needs. The law requires the Council to give reasonable preference to those who need to move on medical or welfare grounds including disability. The Council’s policy does this. There is not enough evidence of fault to justify further investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman