Summary: The Ombudsman will not investigate this complaint that the Council will not register the complainant for a two bedroom property 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, complains the Council will not register him for a two bedroom home 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 response. I considered Mr X’s housing application, the medical evidence and his review request. I invited Mr X to comment on a draft of this decision.

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What I found

Allocations policy

4. The Council allocates housing in accordance with the allocations policy. The policy says that two adults living as partners need one bedroom. The Council will allow an additional room if there is medical evidence of such a need.

What happened

5. Mr X applied to join the housing register. The Occupational Therapist (OT) did a report and recommended the Council award medical priority due to problems Mr X has using stairs.
6. Mr X submitted a letter from his GP which listed a number of medical problems including low back pain, arthritis and breathlessness (no specific cause). The letter also said he has depression and anxiety.
7. The Council awarded medical priority and placed Mr X in band two. It registered him for a one bedroom home.
8. Mr X asked for a review. He said he needs a two bedroom home. He said he needs an extra bedroom because he uses a sleep apnea machine which he needs space for in the bed. He also said he uses a commode at night which means his wife cannot share the room. He said they both have anxiety and depression.
9. The Council did not change the decision. It said Mr X had not provided any evidence that he needs an extra bedroom to store medical equipment or that he has a medical condition which means he cannot share with another person.
10. Mr X remains registered for a one bedroom home.

Assessment

11. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because Mr X has not provided any evidence to support his stated need for an extra bedroom. The letter from the GP does not say Mr X needs an extra bedroom and it does not say that Mr X uses a breathing machine or a commode. In addition, Mr X has not provided any evidence to show that the breaching machine means he needs an extra room, and the OT report did not say Mr X needs two bedrooms.

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Final decision

12. 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