Summary: A woman complained that the Council was unreasonably refusing to award her Band A priority on its housing register. But we do not have reason to investigate this matter as the Council has now placed the woman in Band A following a review of her case.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered the information Miss B provided with her complaint and her comments when we spoke on the telephone. In addition I took account of documents from the Council concerning its assessments of Miss B’s housing register application and medical information. I also considered the Ombudsman’s Assessment Code.

My assessment

4. Miss B applied to the Council’s housing register for social housing mainly because her family was overcrowded in their current accommodation. The Council awarded her Band B priority under its Allocations Policy because of the family’s need for an additional bedroom. However, Miss B was unsuccessful with her bids for available properties as she was consistently outbid by applicants with a higher priority.
5. Miss B’s circumstances changed earlier this year when she was diagnosed with a serious illness which required debilitating treatment. Miss B provided the Council with information from her doctors about her illness and the likely impact on her as her condition deteriorated, including her need for a separate bedroom on medical grounds.
6. However the Council decided Miss B was not entitled to Band A priority. In particular, under its Allocations Policy, applicants assessed as having two or more Band B housing needs are placed in Band A. But the Council said Miss B was not entitled to Band B on medical grounds and on overcrowding grounds. This was because its Policy also says that applicants given a medical award because they need an extra bedroom cannot be given both a medical award and an overcrowding award for the same additional bedroom requirement.
7. At the time Miss B complained to us she had not yet asked the Council to carry out a statutory review of its decision in her case, which she was entitled to under part 6 of the Housing Act 1996.
8. As a result, I asked the Council to proceed with a review. I also asked the Council to ensure that, in doing so, it took proper account of its duty to make reasonable adjustments for Miss B as a disabled person under the Equality Act 2010, as this was not clear from its assessments so far in her case. In addition I suggested that, as the duty is an 'anticipatory' one, it appeared the Council should also ensure it took account of Miss B’s likely future needs as her health declines.
9. In response to my enquiries the Council said it had already carried out a review in Miss B’s case and it had decided to award her medical Band B priority. So as Miss B had two Band B awards she would now qualify for Band A priority.
10. I consider that by carrying out a review of Miss B’s housing register application the Council has now taken satisfactory action to address her complaint. In addition, the Council has provided the remedy Miss B was seeking as an outcome.
11. As a result, I consider there is now no need for us to pursue Miss B’s complaint any further. Therefore, I have decided that we do not have reason to start an investigation in her case.

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Final decision

12. We do not have reason to investigate Miss B’s complaint that the Council has unreasonably denied her Band A priority on its housing register. This is because the Council has now taken satisfactory action to address this matter by reviewing Miss B’s application and awarding her Band A priority.

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Investigator's decision on behalf of the Ombudsman