Summary: Mrs X complained about the Council’s decision to remove her housing priority. The Council has now reinstated Mrs X’s housing priority and so we are discontinuing our investigation.

The complaint

1. Mrs X complained about the Council’s decision to remove her Band B housing priority.
2. This has exacerbated Mrs X’s physical and mental health problems, as well as causing further financial difficulties.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered the information provided by Mrs X and the Council’s response to her complaint. I also considered:

• The Council’s Allocations Policy

5. Mrs X and the Council both had an opportunity to comment on a draft decision and I considered any comments made before making a final decision.

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What I found

6. The Council uses a banding system to sort the needs of those on its housing register.
7. If the Council accepts someone is eligible to be on its housing register it will place them into its General Needs Band D, unless they do not fit the criteria. In which case they are placed into Diminished Band E.
8. Someone who is on the housing register can ask for an assessment for priority need. If accepted, the Council will place those in priority need into one of three priority bands, A, B or C, depending on their circumstances.
9. Band B priority status may be awarded to someone who is under occupying a property and looking to downsize.
10. Those placed in Priority Band B will be monitored to check they are bidding for properties consistently and realistically. If this is not the case, the Council may place bids on someone’s behalf. One suitable offer of accommodation will be made to satisfy a person’s housing need. Following a suitable offer the housing priority will be removed and the person will be placed back into the General Needs Band D. If an offer is refused the applicant will be placed back into the General Needs Band D for 12 months.

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What happened

11. Mrs X resided in a three bed Council property which she could no longer afford to pay the rent on. She approached the Council and requested to be rehoused in a cheaper two bed property. Mrs X has complex care needs and she asked to remain living near her daughter, who is her primary care provider.
12. In October 2018 the Council awarded Mrs X Band B housing priority for downsizing. Later the same month the Council says it contacted her to discuss the relevant terms and conditions of the Band B priority.
13. In November 2018 the Council attempted to contact Mrs X to explain the process of placing bids for properties. A message was left to inform Mrs X that the Council had found her a suitable property and it placed a ‘staff bid’ on her behalf.
14. In December 2018 the Council formally offered Mrs X the property it had placed the ‘staff bid’ on.
15. In January 2019 Mrs X contacted the Council and advised that she did not wish to view the property, as it was too far from her daughter’s house.
16. As Mrs X had received what the Council considered to be a suitable offer, it carried out a review of her housing priority and decided to remove her Band B priority status.
17. Mrs X asked for a review, which the Council considered, but it did not change its decision.
18. Mrs X was unhappy with the outcome of the review, so she complained to the Ombudsman on 16 April 2019.
19. Since Mrs X brought her complaint to the Ombudsman, the Council has undertaken a further review of her housing need priority. On 19 June 2019 the Council reinstated Mrs X’s Band B priority status.

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Final decision

20. I have discontinued my investigation as Mrs X is happy with the outcome of the Council’s review of her housing priority.

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Investigator's decision on behalf of the Ombudsman