Summary: We will not investigate this complaint about the complainant’s position 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 Ms X, says the Council should place her in the top band on the housing register due to the negative impact of living in overcrowded conditions. She wants the Council to move her into band A.

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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 Housing Allocations policy. I invited Ms X to comment on a draft of this decision.

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What I found

Allocations 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 C+ if they lack two bedrooms.

What happened

5. Ms X lives in a two bedroom flat with her partner and four children. She is expecting a baby and has some pregnancy related health issues. Ms X joined the housing register in 2015 and is in band C+ because the family needs a four bedroom home. Ms X contacted the Council to ask to be placed in band A. Ms X explained that the lack of space has a considerable impact on the family.
6. The Council confirmed band C+ is the correct band because Ms X lacks two bedrooms. It explained that she does not meet the criteria for band A or B. It said that when the baby is born the priority would not change because the child would be expected to share with a sibling. The Council suggested Ms X consider other housing options such as mutual exchange or a move to a three bedroom home. It said that Ms X is unlikely to make a successful bid for a four bedroom property in the foreseeable future due to the shortage of social housing.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X lives in overcrowded accommodation and needs a home with two more bedrooms. The policy says that people who lack two bedrooms qualify for band C+. I have considered the qualifying conditions for band A and B and they do not apply to Ms X’s circumstances. There is no reason to start an investigation because the Council’s award of band C+ is consistent with the policy. In addition, the Council acted appropriately by suggesting Ms X consider other options and it offered support from Children’s Services.
8. We do not act as an appeal body. We cannot intervene simply because a council makes a decision that someone disagrees with. And, we cannot ask the Council to act in a way which would be contrary to the Allocations Policy.

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Final decision

9. 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