Summary: Miss X complained the Council unfairly refused her application to join its housing register. She said the decision was not in line with the Council’s duties under the Equality Act. Miss X said it has impacted her mental health and wellbeing, and caused unnecessary distress. We do not find the Council at fault.

The complaint

1. The complainant, who I refer to here as Miss X, complained the Council unfairly refused her application to join its housing register. She said she should be able to join because of the impact her disability has on her current housing situation. She said the Council’s decision is not in line with its duties under the Equality Act.
2. Miss X said she cannot find suitable or affordable private rented accommodation due to her disability and mobility needs, so she feels trapped living with family. She said the Council’s decision has denied her a chance of living independently. She said it has impacted her mental health and wellbeing, and caused unnecessary distress.

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The Ombudsman’s role and powers

3. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all received before I reached a final decision.
6. I considered the relevant legislation, statutory guidance, and policies, set out below.

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What I found

What should have happened

The Council’s housing allocation policy

7. Councils must have an allocation scheme to determine priorities and set out the procedure it will follow when allocating housing. Each council’s allocations scheme will be different but in general most will award ‘reasonable preference’ to allocations by awarding points or placing an applicant in a certain priority band.
8. Applicants have a right to request a review of a council’s decision. When a council tells an applicant its decision, it must tell the applicant in writing of their right to request a review of the council’s decision.
9. An allocations scheme must give reasonable preference to applicants in the following categories:
• homeless people;
• people in insanitary, overcrowded, or unsatisfactory housing;
• people who need to move on medical or welfare grounds; or,
• people who need to move to avoid hardship to themselves or others.
  (Housing Act 1996, section 166A(3))
10. The Council’s housing allocation policy says it will consider an application for the housing register if someone in the household suffers with a medical condition or disabilities which are adversely affected by their current housing situation.
11. The policy says the Council will not award reasonable preference if the applicant’s current accommodation is suitable for their needs.
12. The policy says if the Council does not assess that an applicant has a housing priority, it will not place the applicant on the housing register. This is because they do not qualify for it.

The Equality Act

13. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
14. Organisations carrying out public functions cannot discriminate on any of the nine protected characteristics listed in the Equality Act 2010 and to the general duties aimed at eliminating discrimination under the Public Sector Equality Duty. The ‘protected characteristics' referred to in the Act include disability.
15. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed, or appealed.
16. We can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

What happened

17. Miss X has mobility issues and lives with her family.
18. In 2022, Miss X applied to the Council for a place on its housing register. In her application, Miss X said her current housing made her disability substantially worse. Miss X provided medical information to support her application.
19. The Council decided that Miss X did not qualify for a place on the housing register. This was because it assessed that she was adequately housed and therefore did not have a housing need.
20. Miss X asked the Council to review its decision.
21. In its review of its decision, the Council explained its reasons for deciding she was adequately housed and therefore did not qualify for a place on the housing register. The Council assessed that her accommodation was not overcrowded, there was space available for Miss X to use, and there was no information which suggested her accommodation was unsuitable on medical grounds.
22. The Council said it had considered Miss X’s disability, and its impact on her housing needs, when making its decision.
23. Miss X then brought her complaint to the Ombudsman.

Analysis

Housing register

24. Miss X complained the Council unfairly refused her application to join its housing register. She said she should be able to join because of the impact her disability has on her current housing situation.
25. In order to qualify to be on the Council’s housing register, an applicant must meet criteria to be awarded certain priority. At the lowest level, an applicant must:
• qualify on medical grounds; or,
• be homeless; or,
• live in insanitary housing: or,
• have a need to move to a particular place; or,
• have a housing need but not meet the residence criteria.
26. I have seen no evidence that Miss X qualifies for this lowest level of priority.
27. Unless there is evidence that a council did not make its decision in line with its policy, we cannot question the merits of a decision made without fault (see paragraph three). The Council is entitled to decide if an applicant meets the criteria to qualify for a place on the housing register.
28. In this case, I find the Council made its decision in line with its policy. We therefore cannot challenge the decision the Council made. For this reason, I do not find the Council at fault.
29. In its complaint response, the Council said its occupational therapy team had assigned Miss X a wellbeing officer to assess her needs and see if her accommodation is unsuitable on medical grounds.
30. This means that if Miss X’s accommodation is unsuitable for her on medical grounds, there will be evidence to support her application to be on the housing register. She can then reapply for a place on the housing register.

Equality Act

31. Miss X complained that the Council’s decision - not to allow her to join the housing register - is not in line with its duties under the Equality Act.
32. I have considered how the Council made its decision, and what it told Miss X about the reasons for its decision. I find no evidence that the Council failed to have due regard to its duties under the Equality Act.

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Final decision

33. I have completed my investigation. I do not find the Council at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman