Summary: We will not investigate this complaint about the Council’s refusal to move the complainant’s housing application into a higher priority band. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mrs B, complained that the Council has failed to fully consider all of her medical information and refused to move her housing application into a higher priority band.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
3. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council’s review of her application.
5. I considered the Ombudsman’s Assessment Code.
6. Mrs B has had an opportunity to comment on my draft decision.

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My assessment

7. Mrs B told us, because of her medical conditions, her current home is not suitable for her. She asked the Council to move her housing application band from band E to band B. The Council refused to do this. Mrs B said she provided medical information to the Council but it looked as if it had not taken it into consideration. Mrs B told us ever growing mould and the cold and damp in the property is affecting her health and wellbeing. She said she is also affected by anti-social behaviour in the communal areas outside her home.
8. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme.
9. The Council’s housing allocation policy says for a housing application to move to band B because of medical needs, the applicant must have a serious medical condition that is made worse by the style or functionality of their current home. There must be a causal link between the property type and the deterioration and discomfort from the medical problem. The Council does not award band B priority for medical problems alone. This means, if someone’s health is affected by problems which could potentially be resolved by the Council acting in its role as landlord, such as disrepair and anti-social behaviour, the Council would not award band B priority. That is because it is not the style or functionality of the current home which is causing the problem.
10. When the Council reviewed Mrs B’s application, it considered the information she provided and her medical records. But, having applied the requirements of its housing allocation policy, it told Mrs B the current banding of her application was correct.
11. In this case, while Mrs B has clearly explained her reasons for seeking a move as soon as possible, the Council has considered these and applied its housing policy. So there is not enough evidence of fault by the Council in the way it has considered her housing application. Our role is to look at the way the Council has reached its decisions. We have no powers to overrule a decision on someone’s housing priority.
12. Mrs B is a council tenant. We cannot investigate complaints about the way the Council is managing her property such as the way it has dealt with disrepair and anti-social behaviour issues.

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Final decision

13. We will not investigate Mrs B’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman