Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s assessment of her housing application. She is currently living in temporary accommodation and applied for a medical priority for her hosing register application. The Council reviewed her application but did not award her medical priority.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she is living in temporary accommodation which she says is unsuitable for her needs because she has medical disabilities. She asked the Council to review her banding on the housing register because she says her current banding of Band 2A only reflects her being accepted under the homelessness duty and does not reflect her medical needs.
6. The Council advised Miss X in April 2024 that her medical assessment had not given her increased priority based on the Council’s medical assessors findings. She asked for a review of the decision and subsequently made a formal complaint to the Council.
7. The Council reviewed her complaint under s.166A of the Housing Act 1996 Part 6. The outcome of the review was that she did not qualify for medical priority based on how her medical needs relate to her housing situation under the Council’s allocations policy. The Council has identified alternative temporary accommodation for Miss X and it will be offered to her shortly. If she believes the accommodation is unsuitable she will have a further right of review and appeal under s.202 of the Housing Act 1996. Her housing banding remains on Band 2A.
8. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

9. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman