Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join 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 Mr X, disagrees with the Council’s decision that he cannot join the housing register. He says the Council has ignored his medical conditions and he needs to move to a larger home.

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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 Mr X and the Council. This includes his housing application, medical evidence and the Council’s decision. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. The Council’s housing allocation policy says people can join the housing register if they have a housing need as defined by the policy. A person may have a housing need if their accommodation affects their health. The policy says a single person has a one bedroom need which can be met in a studio flat or one bedroom flat.
5. Mr X lives alone in a ground floor studio flat. He has a bed/sitting room, kitchen and combined toilet/shower room. He has some adaptations in the flat.
6. Mr X has some medical issues. He applied to join the housing register because he says his home is medically unsuitable. He needs more space and says the overcrowded conditions affect his health. He would like a larger kitchen so he can prepare healthy meals. Mr X supplied medical evidence and an Occupational Therapy (OT) report.
7. The Council assessed the application but decided Mr X does not have a housing need as defined by the policy. The Council noted his accommodation includes all the expected facilities and is the correct size for a single person. It accepted Mr X has some medical issues but there was no evidence his health is affected by his accommodation. The Council noted the OT had recommended the use of perching stools as Mr X had expressed a wish to do more cooking. The OT report does not say Mr X’s home is unsuitable or affects his health.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Mr X would like more space but that is not a housing need as defined by the policy. The policy says Mr X needs a studio or one bedroom flat and that is what he has. The Council considered the medical evidence and the OT report and found there was nothing to indicate his home affects his health. The Council’s decision flows from the evidence and reflects the policy so there is no reason to start an investigation. We are not an appeal body and cannot tell the Council to allow Mr X to join the register when that would be contrary to the policy.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman