Summary: The Ombudsman will not investigate this complaint about the Council’s decision that the complainant does not qualify for band one 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, says he should be in band one on the housing register because his daughter is unwell and the family is living in overcrowded conditions.

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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 review response. I considered Mr X’s housing application, additional information from the Council, and the allocations policy. I invited Mr X to comment on a draft of this decision.

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What I found

Allocations policy

4. The Council manages the housing register in accordance with the housing allocations policy. The policy says that people who have a serious medical need to move qualify for band two. The policy also says that people who are overcrowded, as defined by the law, qualify for band one. People can live in overcrowded conditions, as understood by the everyday meaning of the phrase, but not be overcrowded as defined by the legal definition. The legal assessment for overcrowding says the living room counts as a sleeping space and children under ten are not counted.

What happened

5. Mr X moved into his one bedroom privately rented flat with his wife and child in 2017. Since then he has had a second child and is expecting a third child next spring. Both his children are aged under 10. One child has medical problems which Mr X says is caused by the accommodation.
6. Mr X applied to join the housing register. The Council placed the family in band two in recognition of the medical need and overcrowding. Mr X asked for a review and said he should be in band one due to his child’s health needs and overcrowding.
7. In response the Council confirmed that band two is correct. It said that band two had been awarded due to his child’s medical problems. It explained that the family is not overcrowded as defined by the law and, in any case, the family had caused the overcrowding because the property was too small for their needs when they moved in. The Council suggested Mr X could consider moving to larger privately rented accommodation.
8. Mr X disagrees with the Council’s decision. He says he should be in band one due to his child’s ill health and because they are overcrowded. Mr X is offended by the suggestion that he has had children as a way of securing housing.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the policy and people cannot qualify for band one due to medical need. The highest award for medical need is band two and the Council has placed the family in band two. In addition, while Mr X needs a larger home, I have checked his circumstances and he does not meet the legal definition for overcrowding. Mr X does not meet any of the conditions for band one. I appreciate Mr X felt offended by the suggestion that he caused the overcrowding but this factor would only be relevant if Mr X was statutorily overcrowded, which he is not.

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Final decision

10. 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