Summary: There is no fault in the Council’s decision to place Mr X in housing band C. There is no evidence to support a move to a higher priority band from the information supplied to the Council. This complaint is not upheld.

The complaint

1. The complainant, who I shall call Mr X, complains the Council has not placed his housing transfer application in Band B after considering the medical evidence he supplied in 2021.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the papers submitted by Mr X and discussed the complaint with him.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Housing Allocations Policy

7. The Council places people in bands on the housing register to determine priority for housing. People qualify for Band A, which is the top band, if they have an urgent medical or welfare need. People qualify for Band B if they are lacking two or more bedrooms. Most other applicants qualify for Band C.

What happened

8. Mr X lives with his mother in a rented Council flat. Mr X says he needs an extra bedroom as his mother is sleeping on the sofa. Mr X says his mother has mobility problems and when the lift breaks down, she can't walk down 40 stairs.
9. The Council agrees that Mr X is in a two-bedroom property but needs three bedrooms, so he has been put in band C.
10. Mr X believes he should be in a higher band, band B, because of his mothers medical issues.
11. Mr X completed a welfare and medical assessment form on 5 May 2021. The housing needs advisor (who has medical training) looked at the information and decided that it did not meet the criteria for band A priority. The Council’s allocations policy does not allow medical needs to be assessed in band B. The Council says that Mr X’s block has two lifts, one for even and one for odd floors. If one lift breaks down, the other lift can be accessed by a maximum of one flight of stairs. The form indicated that Mr X’s mother can manage a flight of stairs, so the Council considers the assessment of band C priority is correct.

My analysis

12. Band C of the Council’s allocations policy includes applicants who need one extra bedroom and people who need to move on medical grounds. So, I can see no fault in the Council’s decision to place Mr X’s application in band C.
13. Band B includes households lacking 2 or more bedrooms, properties with category one hazards, people under-occupying accommodation and members of the armed forces. None of these points apply to Mr X.
14. Band A applies to applicants with an urgent medical need. As Mr X’s mother is able to access both lifts in the block of flats, as she has said she can walk down a flight of stairs, I cannot see that this could be described as an urgent medical need.
15. I can find no fault in the Council’s decision to place Mr X’s housing transfer application in band C. According to the Council’s allocations policy, this seems to be the correct band for the needs shown on the medical and welfare form.

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Final decision

16. I have completed my investigation of this complaint. The complaint is not upheld, as there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman