The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s housing register decision. The Council has agreed to carry out a fresh review and further investigation would not lead to a different outcome.
The complaint
Ms X complained the Council failed to properly consider the medical evidence she provided in support of her housing register application. She says its decision about her housing needs is therefore flawed and this is impacting on her ability to bid for social housing.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X provided medical evidence to the Council to support her request for a one bedroom property, rather than a studio flat. The Council decided a studio flat was appropriate and this was upheld at stage 1 and stage 2 of its review process. This left Ms X only able to bid for studio flats, which she says will not meet her medical needs.
The Council has confirmed to us that it has withdrawn the stage 2 review decision and will carry out a fresh stage 2 review. It said it would give Ms X the chance to send it any further evidence for it to consider.
We are not an appeal body. It is not our role to say whether Council decisions are correct. We can consider the decision-making process but, if we found fault with that process, we cannot tell the Council what decision it should make. We would usually recommend it carries out a fresh review. The Council has already said it will do that, which means there is nothing more we could achieve by investigating further.
Final decision
We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman