Summary: We will not investigate this complaint about the complainant’s priority on the housing register and neighbour problems. This is because there is insufficient evidence of fault by the Council and because we have no power to investigate the complaint about neighbour nuisance.

The complaint

1. The complainant, whom I refer to as Mr X, says he experiences neighbour problems and his home is not big enough. He wants the Council to place him in a higher band on the housing register and provide a larger home as soon as possible.

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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))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence, information about Mr X’s place on the housing register, and the allocations policy. I also considered our Assessment Code.

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My assessment

5. Mr X is council tenant. He says he experiences anti-social behaviour from his neighbour. He also says he needs a bigger home and his current accommodation is not suitable for medical reasons.
6. Mr X is in band C on the housing register for overcrowding. This is because he needs another bedroom.
7. The Council carried out a medical assessment. It explained that band C for overcrowding is the same as band C for low medical needs. The Council decided Mr X does not qualify for a higher band. It suggested he ask for an Occupational Therapy assessment to see if any help can be offered in his current home.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the allocations policy and band C is the correct band for a family who lack one bedroom. Band C is also the correct band where a family member has low medical needs. To qualify for band B on medical grounds a family member must have high medical needs; for example, being housebound or being unable to access a bedroom. The Council’s decision to confirm the band C award reflects the policy so there is no reason to start an investigation. In addition, there is no scope to award a higher band due to neighbour issues. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
9. Mr X has referred to neighbour problems. Mr X is a council tenant and this is an issue he needs to report to his housing officer. I cannot investigate this part of the complaint because I have no power to investigate a council when it is acting as a landlord.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we have no power to investigate the neighbour issues.

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Investigator's decision on behalf of the Ombudsman