Medway Council (22 011 715)

Category : Housing > Allocations

Decision : Not upheld

Decision date : 29 Mar 2023

The Ombudsman's final decision:

Summary: Mrs B complained about the way the Council considered her application for alternative housing due to her rare and debilitating medical condition. We have not found fault with the Council’s actions.

The complaint

  1. Mrs B complained that Medway Council (the Council) failed to properly consider her medical condition and how it affects her, in reaching a decision she does not qualify for Band C priority on the housing register. This has caused Mrs B distress and uncertainty over her housing situation.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. 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

  1. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council’s allocations policy

  1. The Council operates a choice-based lettings policy. It awards priority to applicants based on four bands, A to D, with A being the highest priority for urgent cases and D the lowest.
  2. The Council will also award priority on medical grounds according to the extent the health or welfare of one or more of the applicant’s household, is affected by their housing conditions and the expected benefits of providing suitable settled accommodation. Applicants will be eligible for Band C priority on medical grounds if their housing is unsuitable for severe medical reasons or due to their disability but who are not housebound and their life is not at risk due to their current housing, but whose housing conditions directly contribute to causing serous ill-health.
  3. The policy says the Council may refer cases to an independent medical adviser where the Council would like to seek clarification around the impact of a condition.
  4. Older people over 60 and disabled applicants seeking sheltered accommodation are placed in Band D for sheltered accommodation only.

What happened

  1. Mrs B has a rare, chronic, incurable and debilitating medical condition which means she is unable to work. She currently lives in a privately rented property with a private garden. Mrs B says the private garden is essential for her wellbeing for reasons connected to her medical condition.
  2. She and her husband are both over 60 but are struggling to afford their rent. Mrs B applied to the Council for housing. The Council assessed her application and placed her in Band D for sheltered accommodation only.
  3. Mrs B appealed the decision requesting Band C priority because her medical condition meant she needed a garden and sheltered accommodation only has communal gardens. She submitted a letter from her GP supporting her appeal.
  4. The Council did not change its decision and she complained. She said the Council had misunderstood her medical condition, which was exceptional and incurable. She said that if the medical advisers were informed of all the details they would understand why sheltered accommodation with a communal garden was unsuitable.
  5. The Council responded at stage one of its complaints procedure. It explained that it could not award her any medical priority because her current accommodation was not affecting her condition. It understood her concerns about the communal garden in sheltered accommodation but said the accommodation itself was private and self-contained. It also said that while it appreciated her financial difficulties, this was not a criterion for priority on the housing register and she was not eligible for Band C priority.
  6. Mrs B escalated her complaint to stage two. She said the Council had not passed her case to an independent medical adviser in accordance with the procedure and had not appreciated the unique and rare nature of her condition. She also said that it was the unaffordable rent which made their current accommodation unaffordable, and this was causing health issues because it was such a stressful situation.
  7. The Council responded in November 2022. It said the policy did not require every application for medical priority to be passed to an independent medical adviser and in Mrs B’s case the officer felt they had enough information about Mrs B’s medical condition to make a decision. It explained again that financial difficulties was not a reason to award priority on the housing register and the only housing she was eligible for at present was sheltered accommodation, hence the Band D priority.
  8. Mrs B complained to us. In response to my enquiries, the Council referred Mrs B’s case to the independent medical adviser. They confirmed that Mrs B’s current accommodation was suitable on medical grounds and that sheltered accommodation would also be suitable on medical grounds, even with a communal garden.

Analysis

  1. I appreciate that Mrs B experiences significant difficulties living with her medical condition. However, I cannot identify any fault in the way the Council has considered her application for housing.
  2. The main reason Mrs B wants to move is due to the cost of her privately rented accommodation. This is not a reason to award any priority for housing. The Council considers that apart from the cost, her current accommodation is suitable for her needs and so she does not qualify for any of the priority bands. It did not consider that it needed to refer her case to the independent medical adviser to reach this view. I have not found fault with that decision and note that the adviser has latterly agreed with the Council’s view that Mrs B’s current accommodation is suitable for her needs.
  3. She was only awarded Band D priority because of her age: this allows her to bid for sheltered accommodation if she wishes to do so. She believes the communal garden and lounge make this type of accommodation unsuitable. That is her choice and while her reasons are understandable it does not mean she is eligible to bid for any other accommodation because she does not qualify for medical priority as explained above.
  4. I consider the Council has correctly applied its allocations policy to her case.

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Final decision

  1. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Mrs B.

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Investigator's decision on behalf of the Ombudsman

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