Summary: We will not investigate this complaint that the Council has not provided the complainant with suitable accommodation. 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 not provided suitable accommodation. She says the Council has ignored the health needs of her family.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and the Council’s lettings policy. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X lives in a one bedroom flat with her partner and two children. Ms X and one child have health problems. Ms X has been on the housing register since 2011. She is registered for a two bedroom home and is in the general band. Ms X says the flat is unsuitable for her family’s health needs and too small. She would like the Council to provide ground floor accommodation, with an extra room and outside space.
5. Ms X has not applied for medical priority since 2011. Due to a cyber-attack the Council is currently unable to do medical assessments but hopes to re-start them by late summer. It will contact Ms X when it resumes the assessments.
6. The Council has explained to Ms X that there are 2437 households ahead of her who are waiting for a two bedroom home. It suggested she consider alternative housing options as she faces a long wait for social housing.
7. I appreciate Ms X needs a larger home. However, I have checked the lettings policy and the Council’s decision to place her in the general band on the housing register is correct because she lacks one bedroom. Unfortunately, there are many people with more priority than Ms X so she is likely to face a long wait for social housing.
8. Ms X can apply for medical priority when the Council resumes the assessments. But, even if Ms X is awarded medical priority, she might remain in the general band and it may not greatly affect her waiting time for larger accommodation.
9. Ms X has been waiting a long time for a new home. But, the Council can only offer a home if she places a successful bid under the terms of the lettings policy. There is no suggestion of fault in the way the Council has processed the application so there is no reason to start an investigation. We have no power to change Ms X’s priority on the housing register or to provide Ms X with a larger home.

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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