Summary: The Council’s failure to apply its allocations scheme correctly to Ms X’s request for an extra bedroom was fault. The Council has agreed to apologise, make a new decision on Ms X’s request, and act to improve its services.

The complaint

1. Ms X complained that the Council failed property to consider her circumstances before deciding she needed a one-bedroom property.
2. Ms X says as a result, she cannot bid for a two-bedroom property, which she needs due to her medical conditions.

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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. 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

5. I considered the complaint and the information Ms X and the Council provided.
6. I considered relevant law and guidance, including the Council’s published allocations scheme.
7. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
8. Ms X and the organisation 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

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))
10. The Council places applicants who qualify to join the housing register in a priority band from Band A (highest priority) to Band E (lowest priority).
11. The Council’s allocations scheme sets out how many bedrooms a household will usually be entitled to under its scheme.
12. It also explains how it will decide on applications for an extra bedroom in addition to that usually allowed under the scheme. It says:

“Applicants can apply for an extra bedroom due to their medical or social needs. Their circumstances will be considered and evidence supporting the need for an extra room will be required.”

13. The scheme goes on to give “guidelines” for assessing the need for an extra room for a carer to live in. This says social services should confirm a ‘live in’ carer is necessary. It then says:

“If the applicant does not need 24 hour care or intensive support an additional bedroom would not normally be considered, however, an individual assessment will be made.”

What happened

14. Ms X lives with her adult daughter, whom I will call Ms Y, and Ms Y’s young child.
15. In 2019, the Council agreed the family had an urgent need to move and awarded Band A on the housing register. The family could bid for three-bedroom properties.
16. Ms X has severe and enduring mental health conditions. Her participation in a police investigation into historic child abuse in 2021 caused a significant decline in her mental health. As a result, Ms X has care and support needs which vary from day to day depending on her mental state. Ms Y is Ms X’s carer.
17. In March 2022, Ms X submitted a change in circumstances form to the Council. She asked the Council to remove Ms Y and her child from her application and that she be allowed to bid for two-bedroom properties.
18. In April, the Council wrote to Ms X. It said: “You cannot be considered for 2 bedrooms unless you can provide evidence to show that you have a professional full time carer who resides with you 24/7.”
19. Ms X asked for a review of this decision. In support, she provided evidence from the professionals involved in her care.
20. Ms X’s counsellor wrote to the Council. The letter provided details of Ms X’s diagnoses. The counsellor said Ms X should move to the Council’s area and live alone in a two-bedroom property close to Ms Y
21. Ms X’s care-coordinator from the Mental Health Team told the Council:
• Ms X’s needs were complex and needed specialist treatment over a long period.
• Ms X needed to live independently but needed space for Ms Y to provide support when her symptoms were most severe.
• These symptoms included night terrors which resulted in double incontinence.
• Overnight support was therefore necessary but "support could NOT be provided by external carers as Ms [X’s] extensive trauma means she is extremely nervous of people she does not know.”
• “we feel a 2 bedroomed property is essential”.
22. The police wrote to the Council to say Ms X’s involvement in its investigation had triggered a decline in her mental health. The police said Ms X needed housing separate from Ms Y and her child and agreed with the Mental Health team that Ms X needed a two-bedroom home.
23. In May, Adult Social Care completed a Kent Agency Assessment for Ms X. It said Ms X would need Ms Y to stay with her weekly and so a second bedroom was necessary. It said “Psychological, Clinical and Police professionals involved in [Ms X’s] care, as well as myself, feel a 2 bedroomed property is essential. This is a very complex case.”
24. In June, the Council considered this evidence. It said its “policy states proof of 24/7 need for care and also her daughter is bidding for her own 2 bed property in the same area.” It did not agree to change Ms X’s bedroom need.
25. Ms X complained to the Council with help from Ms Y. The Council responded to this complaint in July. It said under its allocations scheme, a single applicant has a one-bedroom need “unless medical proof stipulates that 24-hour care is needed on a continual basis”.
26. In August, Ms X’s care coordinator wrote to the Council again to say:
• Ms X needed a two-bedroom property
• The impact on Ms Y of caring for her mother full-time means she needs her own space
• “without considering an option for [Ms Y] to be able to have her own home to live at when [Ms X] is having a stable couple of days we will see [Ms X] requiring far more input from social care and being dependent on services to ensure her safety.”
27. Ms X complained to the Council at stage two of its process. It did not uphold her complaint.

My findings

28. Ms X and all the professionals involved in her care say she needs a two-bedroom property.
29. In considering the evidence, the Council stated that its policy said it needed proof Ms X needed full time, live-in care to consider an extra bedroom. This is not what the allocations scheme says. It says “[t]heir circumstances will be considered” and “an individual assessment will be made”. Therefore, the Council assessed Ms X’s case against the wrong criteria. This was fault. The Council repeated this fault in investigating Ms X’s complaint.
30. Because it applied the wrong test to Ms X’s application, the Council did not properly consider the evidence provided by the professionals supporting her. Had it done so, the Council might have made a different decision. This uncertainty is an injustice to Ms X.

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Agreed action

31. To remedy the injustice to Ms X from the fault I have identified, the Council has agreed to:
• Apologise to Ms X in writing
• Make a new decision about her need for a two-bedroom property
• Pay Ms X £200 in recognition of her avoidable distress and uncertainty.
32. The Council should take this action within four weeks of my final decision.
33. The Council should also take the following action to improve its services:
• Remind relevant staff of the detail in the allocations scheme about assessing the need for an extra bedroom.
• Provide guidance to relevant staff about how to apply the allocations scheme to applications for an extra bedroom on medical or welfare grounds.
• Remind staff with responsibility for responding to complaints to check and accurately refer to relevant policies.
34. The Council should tell the Ombudsman about the action it has taken within eight weeks of my final decision.

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Final decision

35. I have completed my investigation. There was fault by the Council. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman