Summary: The Ombudsman will not investigate this complaint about the Council’s decision to reject an application for inclusion on the housing register. This is because it is unlikely he would find fault by the Council in the way it made its decision

The complaint

1. The complainant, who I refer to as Mr X, says the Council failed to properly consider the impact of his current accommodation on his health and care needs when it decided not to include him on its 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)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I read what Mr X has told us about his complaint and the information provided by the Council. This included Mr X’s application to join the register and the review documents. I also sent Mr X a copy of this draft decision for his comments.

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What I found

Housing allocation policy

5. The Council’s allocations policy sets out how it assesses housing need and priority. It looks at how the current accommodation affects the applicant’s health, and whether this would be improved by moving to alternative accommodation. In cases of mental health, the current accommodation will need to be evidenced as a high risk to the applicant’s mental wellbeing.
6. If the Council agrees the applicant has a medical condition but this is not being significantly worsened by the current accommodation, no medical priority will be awarded and the applicant will not be placed on the housing register.
7. The Council will also look at whether there is a need to move to receive substantial and ongoing care and support, where not doing so would cause hardship. A person cannot join the housing register if there is no housing need.

What happened

8. Mr X’s current accommodation is a third floor flat, with no lift. He accepted the tenancy for this property in 2014. In August 2019 he applied to be included on the Council’s housing register. He said his current accommodation was unsuitable and directly contributing to the deterioration of his mental health. He needed to move to continue to receive care from his parents who have difficulty with the stairs.
9. Mr X told the Council his flat was hard to reach as his fitness was not good. There was a risk of self-harm due to his mental health issues. He was unable to leave the flat because he suffers from agoraphobia and had no outside space.
10. The Council rejected his application. It said he was adequately housed in his property. It had assessed his medical questionnaire and no further priority had been given. Mr X asked for a review. In December 2019 the Council confirmed its decision that he did not meet the housing need criteria for inclusion on the register. He had not challenged the flat’s suitability in 2014. It had considered the 2014 medical evidence and the new evidence. It found nothing to suggest his medical condition, including his mental health, had worsened since then.

Assessment

11. I will not investigate this complaint because the Ombudsman does not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. It is unlikely I would find fault in this case.
12. The Council considered the information Mr X provided, including the medical questionnaire and the report on his condition by the mental health team. The report refers to help available through engagement with professional support services. There is no indication his condition was being worsened due to his current accommodation or would be improved by moving to alternative accommodation.
13. I appreciate Mr X’s parents provide him with family support, and their difficulties with the stairs. But the information in the report about his personal care needs and professional support services available does not indicate his current accommodation is preventing him from receiving any required ongoing substantial care and support.
14. I do not consider there is anything to show any fault by the Council in the way it made its decision not to include Mr X on its housing register.

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Final decision

15. I will not investigate this complaint. This is because there is insufficient evidence of fault by the Council in the way it made its decision.

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Investigator's decision on behalf of the Ombudsman