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, disagrees with the priority the Council has awarded for the housing register. He says the Council told him he would move into band A in November 2019 but this did not happen.

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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 response. I considered the medical evidence Mr X provided in 2018 and comments Mr X made in reply to a draft of this decision.

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What I found

Housing allocation policy

4. The Council places people in bands on the housing register to help it determine priority for housing. Band A is the top band. The Council places people in band A if they are statutorily overcrowded. People in band B have less priority than those in band A. The Council places people in band B if they are overcrowded and lack two bedrooms. The Council also awards band B to people who have an urgent need to move on medical grounds. People qualify for band C if they have a less urgent need to move on medical grounds.
5. A person who is subject to immigration control cannot be included in a housing application and cannot be taken into account when assessing overcrowding.

What happened

6. Mr X lives in a studio flat with his wife and child who was born in November 2018. Mr X is on the housing register. In 2018 the Council awarded band C for medical priority. In November 2019 Mr X moved into band B because, once his child turned one, Mr X’s bedroom need increased and he lacked two bedrooms.
7. In May 2019 the Council told Mr X that in November he might qualify for band A on the grounds of being statutorily overcrowded. It advised him to contact the housing office in November for an assessment.
8. Mr X says he asked for an assessment in November and the Council ignored him and has not responded. I asked the Council about this. The Council sent me an email, dated 21 November, in which it told Mr X that it cannot take his wife into account due to her immigration status. It said he could ask for another assessment if his wife’s immigration status changes.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X lacks two bedroom which is why the Council has placed him in band B. Mr X has queried his medical priority but the Council only awards band A on medical grounds if there is a life threatening problem and there is nothing to suggest that applies to Mr X. And, if the Council awarded increased medical priority on the grounds that he has an urgent medical need to move he would remain in band B.
10. The Council did not tell Mr X he would move to band A in November. Instead, the Council invited him to ask for an assessment to see if he is statutorily overcrowded. The Council told Mr X he would move to band A if he is assessed as being statutorily overcrowded. Mr X asked for an assessment but the Council explained that he is not statutorily overcrowded because it cannot take his wife into account due to her immigration status. This means, that for the purposes of the assessment, there is just Mr X and a young child in the flat. I have checked whether Mr X and his young child meet the threshold of being statutorily overcrowded and they do not.
11. Mr X says the Council delayed dealing with his complaint. But, I see no evidence of delay which has affected his housing. Mr X joined the register in October 2018 and he moved to band B in late 2019 after his son’s first birthday which meant he was eligible for a larger home.
12. Mr X says he should be in band A because it is not safe for his child to sleep in a studio flat with an open plan kitchen. However, living in a studio flat is not a reason for band A in accordance with the allocation policy and there is no blanket ban on families living in studio accommodation.

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Final decision

13. 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