Summary: Mr X complained the Council has failed to properly consider his circumstances regarding his housing application. He also said the Council failed to respond to his complaint in a timely manner. We find the Council was at fault. This caused significant stress and uncertainty to Mr X. The Council has agreed to several recommendations to address this injustice caused by fault.

The complaint

1. The complainant, Mr X, complains the Council has failed to properly consider his circumstances regarding his housing application. He said the Council:
1. has not acknowledged the overcrowding in his property;
2. has failed to provide the right banding for his medical condition; and
3. has failed to respond to his complaint in a timely manner.
2. Mr X said this has caused him significant distress and said he remains living in an overcrowded property.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered all the information provided by Mr X and the Council.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
8. Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.

The Council’s housing policy

9. The policy states applicants will be awarded overcrowding priority if they are overcrowded as defined below:
• the number of rooms they have available to use and/ or a legal right to occupy as bedrooms in their current accommodation is less than the assessed bedroom need of those included on their application; or
• there are insufficient bed spaces in the rooms available to accommodate the applicant’s household without forcing two persons to share a room who should not be sharing.
10. Severe overcrowding priority will be awarded where an applicant’s household is overcrowded by two more rooms.
11. Band three priority includes people who are owed a homelessness duty by the Council, overcrowding and medical needs.
12. Band four reduced priority includes homeless households where there is no accepted homeless duty and households with a statutory preference but reduced priority.
13. The policy states urgent medical priority will be awarded where an applicant or a member of their household is assessed as suffering from a serious medical condition which is being seriously affected by their current housing situation. This would be improved by moving to appropriate accommodation.

The Council’s complaints policy

14. The policy states the Council will respond to a complaint at stage one within 10 working days. If someone wishes to make a request for a stage two, this should be made within one month of the date of the stage one response.
15. The Council will respond at stage two within 20 working days.

Summary of key events

16. In February 2021 the Council awarded Mr X with band three priority. This was because it said he was owed a homeless duty. This was reiterated in April 2021, following a complaint to us (20003523). There are GP letters between June 2021 and January 2022 in support of Mr X’s housing application.
17. Mr X contacted the Council in April 2022 about his housing. He requested an update in May and June 2022.
18. In June 2022, Mr X asked the Council to review his banding. He said:
• him and his partner live with his mother and younger brother. He said all members of the household have mental health problems;
• he has been diagnosed with Crohn’s disease. He said he was having treatment but the condition was not yet stabilised;
• has to frequently go to the toilet. This is problematic when sleeping next to his partner as this disturbs his sleep;
• he has night terrors; and
• they would like to bid on 2-bed properties.
19. The Council responded to Mr X’s request for a review in July 2022 and said:
• the previous assessment was incorrect and the priority awarded must be reduced to band four. This is because it said Mr X was adequately housed. It said Mr X had been living in his mother’s accommodation since 1999;
• its policy states for the purposes of overcrowding, the Council will include any room that could be defined as a bedroom under part X of the Housing Act 1985. This is irrespective of whether it is presently used as a bedroom;
• Mr X’s current property is a three-bedroom house with a separate lounge, which Mr X occupies with his partner, mother and younger brother. It said it was evident Mr X was not overcrowded for the purpose of the Council’s policy. This was because Mr X and his partner could utilise the lounge as a sleeping area; and
• there was no evidence to suggest Mr X’s accommodation was having an adverse impact on his health of sufficient severity to award medical priority.
20. Mr X provided the Council with a social prescriber’s letter in January 2023. This referred to Mr X living with his mother, brother and partner.
21. An independent medical team considered Mr X’s circumstances. It said:
• Mr X was reviewed by a talking therapy team in 2021 and was offered talking therapy;
• Mr X was seen in hospital in 2022 for a possible diagnosis of Crohn’s;
• the GP notes stated Mr X suffered from interrupted sleep due to night terrors which affect his partner; and
• there was no evidence to suggest the accommodation was unsuitable on specific medical grounds.
22. The Council wrote to Mr X in the same month. It said he had been awarded band four and was able to bid for one-bedroom properties. It stated Mr X could request a review of this decision.

Complaint to the Council

23. Mr X complained in April 2023 about a lack of communication. He also said:
• his health conditions continued to deteriorate and said he was diagnosed with Crohn’s disease in January 2023;
• he was living in an overcrowded property where he said he lived with his mother, partner, nephew and his partner who were expecting a baby; and
• he required a second bedroom so him and his partner could alternate sleeping arrangements.
24. Mr X contacted the Council again in June 2023. He said he was technically homeless and overcrowded. He asked to arrange a call with his housing officer. He also said:
• the spatial requirements stipulated do not meet the requirements for two adults to be sharing a room;
• his nephew and his partner were sharing a room which did not meet the legal requirements to be considered a bedroom; and
• his mother was in a single room. He said she was registered disabled and required adaptations.
25. The Council responded to Mr X at stage two of its complaints process in September 2023. It said:
• officers were not able to respond directly to enquiries whilst an active review was in progress. But said this should have been communicated to him and apologised; and
• as part of the review decision in 2022 it considered all the key points but said the decision was final.

Analysis- was there fault by the Council causing injustice?

Part A of the complaint

26. As part of Mr X’s complaint in April 2023, he made the Council aware of a change in his circumstances. He said he was overcrowded as he lived with his mother, partner, nephew and his partner who were expecting a baby.
27. The Council told us this did not prompt a reassessment. It said it was treated as a complaint. But the Councils complaints response refers to a review decision of 15 July 2023 where it said the decision remained final.
28. We asked the Council for a copy of the 2023 review. But it said one was not carried out. Therefore, the review decision referred to was the one that took place on 15 July 2022. But this review refers to Mr X living with his partner, mother and younger brother. There is no reference his younger brother’s pregnant partner being at the address. Therefore, I cannot say the Council has considered Mr X’s change in circumstances. This is fault. This has caused significant stress and uncertainty to Mr X.

Part B of the complaint

29. The Council referred Mr X’s medical information for an independent assessment of his medical condition. It received a report on 23 January 2023 and this is detailed in paragraph 21. The Council took this into consideration and a decision was made to award Mr X with band four. This is a decision the Council is entitled to take. There is no fault in how it reached this decision.

Part C of the complaint

30. We asked the Council for copies of all correspondence between Mr X and the Council between October 2022 to October 2023. But there does appear to be parts missing.
31. Mr X initially complained in April 2023. He contacted the Council again in June. The Council’s final response was in September 2023. It refers to Mr X being unhappy with a previous response. Based on the evidence provided, it is likely the Council has not responded to Mr X’s complaints within the timescales set out in its complaints policy. This is fault. This caused significant stress to Mr X.

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Agreed action

32. To address the injustice caused by fault, within one month of my final decision the Council has agreed to:
• write to Mr X with an apology that takes account of our published guidance on remedies and accepts the findings of this investigation;
• consider Mr X’s change in circumstances. The Council should write to Mr X with the outcome of its decision; and
• pay Mr X £200 to acknowledge the distress and uncertainty caused to him by the fault identified in this statement.
33. Within two months the Council should issue written reminders to relevant staff to ensure they are aware of the timescales set out in its complaints policy.
34. The Council should provide us with evidence it has complied with the above actions.

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Final decision

35. I have completed my investigation with a finding of fault causing injustice for the reasons explained in this statement. The above agreed actions provide a suitable remedy for the injustice caused by fault.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman