Summary: We will not investigate this complaint about the housing register 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 give him more points so he can move to a bigger home. He says the Council is breaking its rules by forcing his children share a room. Mr X wants more housing register points or a management move.

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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 medical evidence and comments Mr X made in reply to a draft of this decision.

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What I found

Housing register and allocations policy

4. The Council awards 100 medical points if someone lives in a property which poses an imminent risk of serious harm and there are no other housing options. The Council also awards medical priority if someone lives in a home which is unsuitable on medical grounds and it cannot be adapted.
5. The Council awards points for other reasons such as overcrowding and waiting time.
6. If an urgent move is agreed the Council awards extra points for four months. This is described as a management move and may apply, for example, when someone needs to move as part of a witness protection scheme.
7. The policy says the Council expects two children, of any sex, to share a room until the age of ten. The policy does not say two children, of different sexes, over ten years of age, cannot share a room. This expectation determines the size of property which is needed.

What happened

8. Mr X lives in a two bedroom flat with his son and daughter. His children are over ten years of age and it is not appropriate for them to share a room. Mr X is on the housing register with 193 points for overcrowding, welfare, being a Council tenant, and waiting time.
9. Mr X asked for 100 medical points because his daughter has a disability. Mr X submitted medical evidence from 2015, 2016 and 2018. Mr X’s daughter has not had recent hospital appointments due to COVID-19. The Council decided Mr X does not qualify for medical points because there is no evidence the flat impacts on his daughter’s health. The Council noted that in 2015 the medical evidence said there are no functional issues that affect his daughter. The Council also noted the support worker said his daughter’s illness does not impact on her day to day life although that may change in the future. The Council said it would re-assess medical priority when Mr X can provide current evidence. But, in the meantime, it said it had awarded the maximum points that Mr X is eligible for.
10. Mr X is dissatisfied with the response. He says the Council is discriminating against him because he cannot provide medical evidence. He says his children should not be sharing a room and the Council is breaking its rules. Mr X has referred to the housing benefit rules which stipulate how many bedrooms a household needs; housing benefit is reduced if a family lives in a home that is too big. The housing benefit rules say Mr X needs a three bedroom home.

Assessment

11. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X needs a bigger home and his children should not be sharing. However, that need is reflected in the overcrowding and welfare points. Mr X has points because his current home cannot meet the expectation that his children should not be sharing. But, the policy, while explaining the size of home that Mr X needs, does not say his children cannot share. And, the housing benefit rules that Mr X has referred to, have no bearing on his priority on the housing register.
12. I considered the medical evidence and there is nothing which says the flat is impacting on Mr X’s daughter’s medical condition. The Council will re-assess this when Mr X can submit up to date medical evidence. Any new evidence would need to say the accommodation is directly affecting his daughter’s medical condition, as opposed to the problems caused by overcrowding. Mr X says the Council is discriminating against him by asking for medical information he cannot provide. I appreciate the situation is difficult but it is not discrimination; the Council has assessed the medical information it has and will re-assess when Mr X can provide more information. The Council cannot provide medical points without the supporting evidence especially as Mr X has indicated the primary issue is the overcrowding, rather than his daughter’s health. The family needs more space but the lack of one bedroom is not something that means someone qualifies for a management transfer.

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Final decision

13. 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