Summary: Mr X complains the Council was at fault in not properly considering the housing situation of Ms Y, his ex-partner and their children and their wish to move from unsanitary living conditions. We have found no evidence of fault in the way the Council considered these matters so have completed our investigation.

The complaint

1. Mr X complains for his former partner, Ms Y, the Council has not properly considered her family’s housing situation and their wish to move home. As a result, the family is experiencing overcrowding. Mr X says the flat they live in has two bedrooms and his three adult daughters would have to share a small bedroom. So, instead they sleep on the floor of the front room.
2. Mr X complains the family live in unsanitary conditions as it is damp and mouldy due to lack of heating at the flat since 2001. Mr X says the conditions in the flat cause distress to Ms Y and their daughters. Mr X says Ms Y’s health is deteriorating.
3. Mr X also complains about the way the Council dealt with the joint housing register application he held with Ms Y between 2002 and 2007 as they were not shortlisted for or offered any properties. Mr X complains the Council wrongly removed Ms X from the housing register in 2007. Mr X wants the council to reinstate the original housing application and backdate it to 2007 so they are more likely to be offered housing. Mr X wants the Council to move the family to better accommodation and pay them compensation. Mr X also requests compensation for his time and trouble in pursuing the complaint.

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What I have investigated

4. I have investigated Mr X’s complaints about matters he has raised from 2019. This includes his concerns the family are overcrowded at the flat. I have explained my reasons for not investigating Mr X’s concerns about the joint housing application they held, cancellation of Ms Y’s housing register application and loss of an effective start date in the final section of the statement. I have also explained why I cannot consider Mr X’s complaints about the unsanitary conditions although I have referred to the issues in the statement for context.

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The Ombudsman’s role and powers

5. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. 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)
7. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
8. 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)
9. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

10. I have read the paper submitted by Mr X and spoken to him about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided.
11. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council’s Housing Allocation Policy 2015

12. The Council’s current Housing Allocations Policy explains how it deal with applications to join the housing register. If accepted applicants are placed in one of three housing bands. These are Band A for those with the highest housing needs, Band B for serious housing need and Band C for those with the lowest housing need. The date of the application becomes the applicant ‘effective’ or start date on the housing register.
13. The Council advertises vacant properties and applicants can apply. They are shortlisted and the Council uses the allocations policy to determine who has priority. The property is then let to the highest placed applicant.
14. Applicants need to re-register their housing register application each year to confirm they still want to be considered for housing. If they fail to renew the Council removes the applicant from the housing register. There is a right of appeal to the Council against this decision. If an applicant reapplies later to join the housing register, they will receive a new effective date. The Council can exercise discretion to reinstate a cancelled application without revising the effective date if the applicant reapplies within three months of the application being removed from the register.
15. The Allocations Policy refers to overcrowding. An applicant will be considered overcrowded if they have one room less than they would be entitled to under the Housing Allocation Policy. The policy says that children and young people of the same gender up to the age of 25 are expected to share a bedroom unless there is a medical, behavioural, or social reason why they cannot share.
16. The Council’s policy expects tenants to report any disrepair to its repairs service if managed by the Council or to the relevant housing provider.

Background to the complaint

17. Mr X and Ms Y and a daughter lived at the two bedroomed flat rented from the Council from 1998. Mr X and Ms Y were joint applicants on the Council’s housing register. They placed bids for properties to move to as they had two further daughters and considered the flat too small for the family. Mr X complained between 2002 and 2007 they were not shortlisted or offered a property and considered the Council was blocking the application. Mr X complained to the Ombudsman about the issue in 2002.
18. Mr X left the family home in 2007 and Ms Y remained as the sole applicant on the housing register. The Council cancelled Ms Y’s housing register application about that time as she failed to re-register her application as required.

Mr X’s complaint in December 2019

19. Mr X contacted the Council in December 2019 about the living conditions at the flat for Ms Y and their daughters. Mr X raised his concerns about matters back to 2002. He asked the Council to review the family’s housing situation as a matter of urgency and take appropriate action.
20. The Council responded and said it would not look at Mr X’s concerns about matters back to 2002 as it had a 12-month time limit on complaints. But it had not been blocking any bids from Ms Y. Rather Ms Y did not have a current housing register application so this would prevent her from bidding or being offered any housing. The Council explained how Ms Y could apply and attached a medical information form she could complete to support her application. The Council offered to arrange for a housing officer to visit Ms Y to discuss what further support it could provide.
21. The Council gave information about the housing register to manage Ms Y’s expectations of being offered housing. It explained there were over 8,500 households on the housing register and over 80% would never be in a position to successfully bid for social housing. The Council said it offered most properties to households in Bands A and B. If it did not assess Ms Y as Band A the Council advised her to look at alternative housing options such as mutual exchanges or using social housing providers. The Council provided information on the alternative options.
22. The Council arranged for a housing officer to visit Ms Y’s flat. The officer confirmed the property was classed as two bedroomed and looked at the family composition and housing situation. Ms Y completed a tenant household composition form and change of circumstance form as her housing situation had last been assessed in 2001.
23. The officer gave Council surveyors information about the flat so they could arrange a visit. This would allow them to inspect the condition of the property for damp and mould and recommend how to resolve the issues.
24. The Council told Mr X it received Ms Y’s change of circumstance form, but she needed to complete an online housing register application. Once Ms Y did so the Council could assess her application and allocate appropriate banding. It would then be open to Ms Y to apply for alternative housing due to overcrowding if she wanted to.

Council response to Mr X’s concerns

Overcrowding

25. The Council confirms the flat is two bedroomed and based on its Allocation policy the family are lacking one room. The Council accepts the family is suffering from statutory overcrowding but considers due to the household composition and size of the flat it does not amount to severe overcrowding. So as such the Council considers the property is suitable for the family to live in.
26. The Council says it has not yet received a housing register application from Ms Y. It considers if Ms Y applied it is likely to award Band C to recognise the overcrowding. The Council considers an application is unlikely to resolve Ms Y’s housing situation as the average waiting time for a three bedroomed property is over 12 years in Band C. So, Ms Y needs to look at other options such as a mutual exchange or alternative housing providers.
27. The Council says it is not aware Ms Y has any vulnerabilities but is willing to discuss this with her if she wishes.

Damp and mould

28. The Council arranged an appointment for surveyors to look at the flat for damp and mould, but they were refused entry to the flat. Mr X says this is because the Council did not confirm the appointment so were not expected and his daughters were alone in the flat.

Gas Supply

29. The Council says its gas team is looking into the issue about heating at the flat which is provided by gas. It found the gas meter in the flat was removed by the occupants in 2001. The gas team advised that if there is still a gas supply to the property Ms Y can contact an energy supplier to fit a new gas meter. If there is no live gas supply the Council will apply to a gas transporter provider to provide a new supply to the property. The process can take six to eight weeks. Once a new meter has been installed the Council will arrange a survey to supply and fit a new gas boiler.
30. The Council confirms it has been trying to resolve the issue with the gas supply for some time but without success as its contractors have been denied entry to the flat. The Council says when it raises a job for the emergency service provider from a gas company the provider is not required to contact residents to arrange a visit.

My assessment

31. The documents I have seen show the Council responded to Mr X’s concerns about Ms Y’s housing situation. Ms Y has no current housing application due to its cancellation in 2007. So, the Council advised Ms Y to complete a housing register application so she can be assessed and allocated a banding. Ms Y will then have an effective start date and it will be open to her to place bids or consider other alternative housing providers. The Council provided information and offered Ms Y help with her application which is suitable action for it to take.
32. The evidence shows the Council has visited the property to assess Ms Y’s housing situation. It says while there is some overcrowding it does not consider it is severe. There is no evidence of fault by the Council in the way it has dealt with Ms Y’s concern about her housing situation. This is because officers have visited and assessed the property and household composition. So, I do not consider the Council is required to pay Ms Y any compensation. It is for Ms Y to apply to join the housing register and she can then be fully assessed by the Council especially if she has any physical or mental health needs.
33. The Council responded to Mr X’s complaints on behalf of Ms Y and due to the absence of any fault by the Council from the documents I have seen so far, I do not consider there are grounds for me to request a compensation payment for Mr X.
34. The documents show the Council has arranged for surveyors to visit the property and for gas contractors to inspect the gas supply, but they have not been able to access the property. Ms Y needs to contact the Council and liaise with it to allow access so her concerns can be considered further.

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Final decision

35. I am completing my investigation. I have found no evidence of fault by the Council in the way it considered her family’s housing situation from 2019.

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Parts of the complaint that I did not investigate

36. I have not investigated the issues Mr X raises for Ms Y between 2002 and 2007. This is because I consider the complaint is late. As paragraph six explains we will not look at late complaints unless there are good reason to. I do not consider there are good reasons in this case because the events Mr X complains about happened so long ago, we are unlikely to reach a clear conclusion about what happened. In addition, it was open to Ms Y to have complained to us much sooner if she remained unhappy about her housing situation.
37. It was also open to Ms Y to have appealed to the Council about the cancellation of her housing register application in 2007 and the loss of an effective start date. Ms Y could have also complained to the Ombudsman then. It is clear Mr X and Ms Y were aware of the Ombudsman having pursued a complaint in 2002 and so could have done so again before 2019.
38. I have not investigated Mr X’s concerns about the unsanitary conditions at the flat from damp and mould and concerns about the gas supply. This is because it relates to actions by the Council as a registered social housing provider and so is not within our jurisdiction to consider such issues.

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Investigator's decision on behalf of the Ombudsman