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 Ms X, complains about her priority on the housing register and says the Council ignored her medical evidence. She wants the Council to review her application.

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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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. These incudes the evidence she submitted and the letters about her housing application. I also considered our Assessment Code and comments Ms X made in response to a draft of this decision.

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My assessment

4. The Council’s allocation policy says people whose health is severely affected by their accommodation qualify for band two. People qualify for band one if the situation is life threatening or where the property is totally unsuitable and cannot be adapted. People qualify for band three if they lack a bedroom.
5. People may qualify for band one on exceptional grounds if they experience violence or harassment and the situation is supported by evidence and recommendations from the police.
6. Ms X lives in a two bedroom house with her partner four children; the oldest child is 11 years old. Ms X has mental health problems. Ms X reported harassment from a relative which she has reported to the police. Ms X has sent crime reference numbers to the Council. Some of the evidence refers to the relative as being critical of Ms X and trying to interfere. Ms X is on the housing register and is registered for a three bedroom home. She is in band three for overcrowding and band two for medical. The Council invited Ms X to supply more specific evidence from the police about the harassment.
7. In February Ms X asked for a review. A few hours later she submitted a change of circumstance form. The Council completed the change of circumstance review yesterday and told Ms X she remains in band two for medical and band three for overcrowding.
8. Ms X says the Council has ignored her medical evidence. She says a move would help her mental health and benefit the whole family.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council took too long to assess the change of circumstance form but as the banding has not changed this does not require an investigation. There is nothing to suggest fault in the way the Council assessed the banding. It considered the medical evidence and awarded band two medical. The Council accepts Ms X has a severe medical need to move but there is nothing to suggest the Council should have awarded band one medical. Further, the composition of Ms X’s family means she needs three bedrooms and band three for overcrowding is correct. Ms X believes she should be in a higher band, and says a move would be beneficial, but there is no suggestion of fault in the way the Council has assessed her banding. We are not an appeal body and cannot tell the Council to move Ms X or increase her priority on the housing register.
10. Ms X has provided some information about the problems she faces from a relative. But, although the Council invited her to provide more specific information she has not done so. If Ms X provides more information from the police the Council can reassess whether Ms X would be eligible for band one for exceptional reasons. Unfortunately a crime reference number does not provide sufficient information to warrant band one.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman