Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application priority. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision not to give his housing application priority status for overcrowding.

Back to top

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. We investigate 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 or continue an investigation if we decide:

0. there is not enough evidence of fault to justify investigating, or
1. we cannot achieve the outcome someone wants
2. it would be reasonable for the person to ask for a council review or appeal.

4. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X says the current property which his family occupies is too small for their housing needs. He has two 2 adults and six children living in a 3 bedroom property and believes he is statutorily overcrowded.
8. The Council visited his home to assess the layout and occupation of the rooms. It advised him that his household comprises 6 persons under the statutory overcrowding provisions in the Housing Act 1985. This is because children under certain ages do not count as a whole person under the calculation.
9. The Council says he is not statutorily overcrowded, and that the legislation includes any living rooms which may be used for sleeping in the calculation, rather than just bedrooms. It accepts that he should be eligible to bid on four bedroom properties and his application allows for this. The scheme would not allow him to bid on smaller properties which would be as unsuitable as his current home.
10. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.

Back to top

Final decision

11. We will not investigate this complaint about the Council’s assessment of Mr X’s housing application priority. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman