Dacorum Borough Council (22 016 525)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 10 Apr 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council placing Mr X in unsuitable accommodation and for refusing to offer him a managed move to accommodation which is suitable for his needs. This is because there is insufficient evidence of fault.

The complaint

  1. Mr X complains the Council placed him in unsuitable accommodation as his property only has one bedroom. He says he needs two bedrooms as his complex needs means he needs to receive overnight care from his parents. He also complains the Council refused to offer him a managed move to accommodation which is suitable for his needs.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X currently lives in a one-bedroom property.
  2. The Council has evidenced it assessed Mr X’s medical information to consider whether he needed an extra bedroom. The medical advisor recommended Mr X should receive medical points on his housing application. However, the advisor did not recommend Mr X be awarded any additional bedroom priority. Therefore, the Council did not assess Mr X as requiring a second bedroom.
  3. The Council confirmed that since it considered Mr X was suitably housed, it would not offer Mr X a managed move to another accommodation.
  4. Additionally, the evidence available shows Mr X had asked the Council to allow him to bid on his property when it became available. This suggests Mr X considered the property to be suitable for his needs. Otherwise, Mr X would not have asked the Council to allow him to bid on the property.
  5. Therefore, an investigation is not justified as there is no evidence to suggest Mr X’s property is not suitable for his needs. If Mr X has new medical information to support his need for an additional bedroom, he should provide it to the Council so it can consider the evidence.

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Final decision

  1. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman

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