The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s assessment of her housing application because there is no evidence of fault in the way the Council made its decision.
The complaint
Miss X complains the Council did not take her daughter’s medical needs into account when assessing her housing application.
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)) 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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council assessed Miss X’s housing application as Band 3 for overcrowding. Miss X asked the Council to review her housing application on medical grounds.
The Council completed reviews on three occasions and considered the evidence provided by Miss X about her daughter’s medical need. The outcome of each review was that Miss X had been given the correct banding and there was no medical priority need. The Council also provided advice about bidding for properties.
I have found no evidence of fault in the way the Council considered Miss X’s application or reviews. I unable to question the outcome where there is no fault in the way the Council made its decision. Therefore, I will not investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because there is no evidence of fault in the way the Council made its decision.
Investigator's decision on behalf of the Ombudsman