Summary: We will not investigate this complaint that the Council has not provided the complainant with a larger home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has done nothing to help her move to a home which is large enough for her family.

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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 responses. I considered the allocations policy and a report of an inspection the Council did to see if the complainant is statutorily overcrowded. I invited Ms X to comment on a draft of this decision.

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What I found

Allocation policy

4. The policy says the Council will place people who meet the legal definition of overcrowding (statutory overcrowding) in band one. People who are overcrowded, but do not meet the legal definition, qualify for band three. People bid for accommodation. The Council offers the property to the person, amongst the bidders, who has the most priority. People in band one have the most priority.

What happened

5. Ms X lives in a bedsit with her young daughter. Ms X rents her home from a Housing Association. Ms X is in band three on the housing register because she is overcrowded and needs a larger home.
6. In 2018 the Council visited to see if Ms X is statutorily overcrowded. The Council found she does not meet the definition because, based on the legal definition, the property can accommodate two people.
7. Ms X complained to the Council that she needs to move because the lack of space has a negative impact on her and her daughter. She said the property had been advertised as being suitable for one person so she feared she could lose her tenancy. In response the Council explained Ms X is in the correct band because she needs a larger home but is not legally overcrowded. It said it is up to each Housing Association to decide how to describe a property and there was nothing to suggest the Housing Association was trying to evict Ms X. It said Ms X could ask the Housing Association about an internal transfer. It also said Ms X could consider renting in the private sector but warned that would mean she lost a secure tenancy. It said that if Ms X made a successful homelessness application the Council could discharge its duty by offering a home in the private sector. The Council said there was no evidence of discrimination but there is a severe shortage of social housing.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. I checked the 2018 inspection report and the Council is correct to say Ms X does not meet the legal definition of overcrowding. The Council is also correct to place Ms X in band three because that is the right band for people who need a larger home but are not statutorily overcrowded. The Council’s decision to place Ms X in band three is consistent with the policy so there is no reason to start an investigation. The Council can only offer a property to Ms X if she places a bid and is the person with the most priority to apply for that home. The Council has acted appropriately by offering advice to Ms X about other housing options she could consider.

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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