Summary: Miss X complained about the Council’s failure to properly consider medical evidence in support of her request for higher banding priority as part of her housing application. We ended our investigation because Miss X has now been awarded the highest priority banding and there is nothing more we could achieve for her.

The complaint

1. Miss X complains the Council has failed to take account of her personal circumstances when making decisions about her housing priority banding and property requirements.
2. Miss X says her current living conditions pose a serious risk to the safety and well-being of both herself and her family. She has also suffered significant distress and frustration trying to engage with the Council to properly understand her difficult circumstances.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I spoke to Miss X and reviewed the information she provided.
7. I made enquiries of the Council and considered its response.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Housing allocations

9. 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. (Housing Act 1996, section 166A(1) & (14))

What happened

10. Miss X and her four young children live in a third floor flat in the Council’s area. Two of her children have additional needs. She says this is unsuitable and dangerous. She struggles to manage the stairs and has concerns about her children being able to access the windows.
11. In 2018 Miss X applied to join the Council’s housing register. She requested ground floor accommodation. She was awarded Band 2A priority due to overcrowding.
12. Miss X asked the Council to increase her priority banding on the basis of her children’s disabilities and her own medical needs.
13. Having reviewed her supporting evidence her priority banding was increased to Band 1B (medical priority).
14. Miss X complained to the Council. In support of her complaint she provided the Council with a copy of her son’s recently issued Education, Health and Care Plan (EHCP). The Council did not uphold her complaint.
15. Miss X remained dissatisfied with this decision and so brought her complaint to the Ombudsman.
16. In response to the Ombudsman’s enquiries, the Council explained it had reviewed Miss X’s circumstances and her priority banding. Information contained within her son’s EHCP, meant Miss X was eligible for Band 1A priority with an entitlement to bid on ground floor properties. This has been backdated to May 2022, the date of the EHCP. Miss X is satisfied with this outcome.

Analysis

17. Since making her complaint to the Ombudsman, the Council has reviewed Miss X’s case and increased her priority banding to her satisfaction.
18. The Council has taken action which has resolved the outstanding issue and no further action by the Ombudsman is needed.

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Final decision

19. have upheld Miss X’s complaint and ended my investigation. The Council has taken action to resolve the outstanding issue and no further involvement by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman