Summary: We will not investigate this complaint about the complainant’s position on the housing register and how long he has been waiting for a new home. This is because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has not provided the complainant with a larger home even though he has been waiting for more than 10 years. Mr X wants the Council to immediately offer a ground floor flat or increase his priority 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and medical information provided by Mr X. I considered the Council’s reply and an email it sent to Mr X’s MP. I invited Mr X to comment on a draft of this decision.

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What I found

Housing Allocations Policy

4. The Council places people in bands on the housing register to determine priority for housing. Band one is the top band. People qualify for band one if they need three more bedrooms or if they have a severe medical need to move. People qualify for band three if they lack two bedrooms or where the current accommodation has a moderate medical impact. In these circumstances the Council upgrades the priority to band two if the applicant is working.

What happened

5. Mr X lives with his wife and two children in a one bedroom flat. He is registered for a three bedroom home and is in band two.
6. Mr X has submitted medical evidence which explains that his wife has a back problem and struggles with the stairs. She relies on Mr X for help and support. She finds there is a lack of air in the flat because the conditions are cramped. The Council decided the medical condition was not serious enough to award medical priority. The Council told Mr X’s MP that Mr X is in position 15 out of 69 people registered for a three bedroom home. In December the Council told Mr X it would not review the case again because nothing had changed.
7. Mr X says he has been waiting for a larger home for more than 10 years. He wants the Council to give him a ground floor flat or increase his banding.

Assessment

8. Mr X needs a larger home. However, I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the allocations policy and Mr X is in the correct band. He needs two extra bedrooms which means he qualifies for band three; the Council has upgraded this to band two because he works. Mr X does not qualify for band one because he is not lacking three bedrooms.
9. Mr X thinks the Council should award medical priority. But, even if the Council awarded medical priority Mr X would remain in band two. Mrs X has some health problems but there is nothing to suggest these are serious or life threatening so that the family would qualify for band one.
10. I also will not start an investigation because I cannot achieve the outcome Mr X wants. I cannot ask the Council to increase his priority because that would be contrary to the policy. And, the Council can only offer accommodation in accordance with the policy. There are people ahead of Mr X in the re-housing queue and the Council can only offer a property when someone makes a successful bid. I have no power to tell the Council that it must immediately re-house Mr X.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and because I cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman