Summary: We will not investigate Ms X’s complaint about the way the Council considered medical evidence provided in support of her housing register application. The Council has taken action to remedy any injustice caused and further investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council failed to:
• engage with NHS specialists to properly understand her medical conditions when deciding her housing register application in 2020;
• consider medical evidence she sent it in October 2022 in support of her request for additional priority on its housing register; and
• delayed responding to her complaint in 2024.
2. Ms X said that, due to the Council’s failings she was left in unsuitable housing and her health has deteriorated

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

What happened

8. Ms X complained the Council failed to consult NHS specialists in 2020 when making decisions about her housing register application.
9. Ms X also complained the Council failed to consider the medical evidence she provided in October 2022 and issue a decision. The Council said it had considered the evidence and decided she did not meet the criteria for additional priority on its housing register. However, it accepts it failed to issue a decision, for which it has apologised.
10. Ms X provided further medical evidence in 2024, which the Council considered. It increased her priority band from 2 to 1. It also agreed to back-date the increased priority to October 2022, which was the date she had previously provided medical evidence, to remedy its failure to issue a decision at that time.

My assessment

11. We usually expect people to complain to us within 12 months of the events complained about. Ms X complained to us in October 2024. She told us that health problems had prevented her complaining earlier. In view of this, I have exercised discretion to consider the period from October 2022. It is too late to reach robust findings on the earlier period and, in any case, the onus is on applicants to provide evidence to support their housing register application, so it is unlikely we would find fault even if we investigated.
12. In relation to the medical evidence provided in October 2022. The Council has apologised for not issuing a decision that her priority band was unchanged. In addition, it has backdated the increased priority awarded after she provided fresh medical evidence in 2024. Those actions provide a sufficient remedy for any injustice caused. Further investigation would not lead to a different outcome.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because the Council has already provided a sufficient remedy for any injustice caused and further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman