Summary: We will not investigate this complaint about the complainant’s priority 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 Mrs X, says she should be in band one on the housing register. She is in fragile health due to her pregnancy and has made 17 unsuccessful bids for a larger home. Mrs X wants the Council to award band one priority.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint replies and the allocations policy. I considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

Back to top

My assessment

4. Mrs X lives in a two bedroom home with her partner and four sons. Mrs X is in band three on the housing register and is registered for a four bedroom property. She has recently had a premature baby and suffered from pregnancy related health issues. Mrs X suggests the stress of living in over-crowded conditions may have contributed to the premature birth.
5. Mrs X has made 17 unsuccessful bids for a new home. She says the Council should place her in band one because all her children have to share a room and the overcrowding will increase with the baby’s birth and may affect the baby’s health.
6. The Council told Mrs X she is in the correct band because she lacks two bedrooms. It said that during 2021 only ten, four bedroom homes have become available and there are 470 families registered for that size of property. The Council suggested Mrs X consider other housing options. The Council did a medical assessment but found Mrs X did not need any adaptations.
7. The allocations policy says Mrs X needs a four bedroom home (one for her and partner, one for each couple of sons, and one for the baby). The policy also says that people who work get more priority and that people who lack two bedrooms qualify for band three.
8. Mrs X says she should be in band one because the Council has said she can bid for a five bedroom home. She argues this means she is short of three bedrooms and qualifies for band one. Mrs X also says she qualifies for working priority.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the allocations policy and band three is the correct band for a family lacking two bedrooms. Mrs X has a four bedroom need so lacks two bedrooms. She can apply for a five bedroom home but that is not her bedroom requirement and she would only be considered for a five bedroom home if there were no applicants with a five bedroom need.
10. Mrs X does not meet any of the qualifying conditions for band one. The Council’s decision to put Mrs X in band three is consistent with the policy so there is no reason to start an investigation. We are not an appeal body and have no power to change Mrs X’s banding or offer a larger home.
11. The Council says it has not received any evidence from Mrs X to show that she qualifies for working priority. It will reconsider this issue if Mrs X provides evidence of employment.
12. Mrs X has suggested her living conditions have affected her health and may have caused the premature birth of her child. This amounts to a personal injury claim which would be a matter for the courts. This is not an allegation we could determine. In addition, when the Council considered the complaint, the baby had not been born so it has not had a chance to consider this allegation.

Back to top

Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman