The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on Mrs X’s medical priority for housing. This is because it was reasonable to expect Mrs X to have asked the Council to review its decision plus the Council has remedied its faut in respect of not responding to Mrs X’s queries since its decision on her priority.
The complaint
Mrs X complains the Council has failed to properly consider her family’s medical need for housing. Mrs X says her current property is dangerous for her son due to his medical condition. Mrs X says this is making her upset as she has to constantly make sure her son is safe.
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 any remaining injustice is not significant enough to justify our involvement, or it would have been 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
The Council gave Mrs X its decision on her medical priority for housing in March 2024. The Council’s decision letter explained that Mrs X could ask for a review of that decision within 21 days. The Council says Mrs X did not do this.
The review process is provided in law, and it was the appropriate way for Mrs X to seek a review of the decision on her case. It is reasonable to expect Mrs X to have sought a review and as such, we will not investigate. The Council has advised Mrs X it is open to her to submit a new medical application for housing, which will be considered afresh.
In its complaint response to Mrs X, the Council acknowledged that it had failed to respond to two emails she had sent to it and had failed to acknowledge her complaint. In recognition of this, the Council apologised and made a payment to Mrs X of £75.
We will not investigate this aspect of the complaint as the Council has provided a suitable remedy, and we cannot add to it.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to have sought a review of the Council’s decision on her medical priority and the Council has provided a suitable remedy for its communications failures.
Investigator's decision on behalf of the Ombudsman