Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not award medical priority even though he lives in overcrowded accommodation which affects his family’s health.

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The Ombudsman’s role and powers

2. 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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and medical evidence. I also considered our Assessment Code.

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My assessment

4. Mr X lives in accommodation which is too small for his family’s needs. He says the lack of space particularly affects one of his children who has medical issues.
5. Mr X is on the housing register in band B. The Council awarded band C for overcrowding and this has been enhanced to band B because Mr X has lived in the borough for at least ten years.
6. Mr X applied for medical priority due to the impact of the overcrowding on his child’s health; he submitted medical evidence. The Council considered his request but decided the issue is a lack of space for which it has already awarded priority. The Council decided there was insufficient evidence that the accommodation has a negative impact on the family’s health, other than due to the overcrowding.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X needs another bedroom. I have checked the allocations policy and band C is the correct band. It is also correct that the Council increased the award to Band B.
8. The Council considered Mr X’s request for medical priority but, while it acknowledges the lack of space, decided there are no other health impacts caused by the accommodation. The decision reflects the policy so there is no reason to start an investigation.
9. We are not an appeal body and it is not my role to re-make the Council’s decision or decide whether Mr X should have medical priority. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman