Summary: The Ombudsman 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, whom I refer to as Mr X, says the Council should place him in band A on the housing register.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the evidence Mr X submitted and emails his daughter sent to the Council. I read the allocations policy and considered comments Mr X made in response to a draft of this decision.

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What I found

Allocations policy

4. The Council places people in bands on the housing register to help it manage demand. Band A is the top band. People can qualify for band A if the Council awards urgent medical priority. This is where the accommodation has a significant impact on the person’s health and there is an urgent need to move. Band A is for the most serious of cases, for example where someone is completely housebound. The Council awards moderate medical priority, and places the person in band C, where there is a moderate medical need to move. The Council places people in band B if the household lacks one bedroom.

What happened

5. Mr X lives in a one bedroom flat with his adult daughter. He is on the housing register in band B because he needs an extra bedroom. The Council has accepted he has moderate medical priority and has specified that he needs ground floor accommodation.
6. Mr X has submitted medical evidence about his back condition. He says that on some days he cannot get out. Mr X has explained that he experiences anti-social behaviour (ASB) from a neighbour. The police have been informed. Mr X’s daughter has told the Council that she thinks the neighbour suffers from mental health and drug issues. She also explained that the ASB has an impact on her own mental health.
7. The Council has confirmed that band B is correct. However, following my enquiries it will re-assess Mr X’s daughter’s medical circumstances. It has explained that Mr X needs to address the ASB with his landlord. The Council could re-assess Mr X’s housing application once the ASB had been fully assessed by the housing team.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X is in band B because he lacks a bedroom. This is consistent with the policy. Mr X has a painful back condition and this is recognised in the award of moderate medical priority. But, I have not seen anything to suggest he meets the criteria for band A medical.
9. The Council will reassess the application in the context of the daughter’s mental health. But, this would only lead to an upgrade in the banding if the Council awarded band A urgent medical.
10. Mr X can report the ASB to his housing officer. This might have a bearing on his housing application but only after the ASB had been fully explored from the housing management perspective. Generally speaking the Council would expect all other options for the ASB, from the housing management perspective, to have been explored before it would consider increasing the banding for this reason.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman