Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council placing her housing application in band 3 on the housing list. She believes her son’s medical conditions should give her higher priority as he requires a separate bedroom.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocation policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to the Council for rehousing in 2021 because her son has displayed autism which makes it difficult for him to share a bedroom with his brother. She included medical evidence which confirmed a view that an additional bedroom was required.
6. The Council assessed her application and placed in in Band 3 which is the banding in its allocations policy for applicants who are short of one bedroom. A[applicants who are short of two bedrooms or more are placed in Band 2 and those with urgent medical or social needs in Band 1.
7. Miss X asked for a review because she believes her son’s medical reasons are hidden needs and that she should have a higher priority. The Council reviewed her case but did not change the banding. It advised her that the policy requires that urgent medical case must fall into the following category:
8. “Applicant or household member is ready to be discharged from hospital or residential care, but they are unable to access any essential facilities within their home;
9. Applicant or household member with severe long-term health conditions causing substantial disabilities who are unable to enter or leave their home (housebound) due to stair access that cannot be resolved by use of aids or adaptations and are unable to access all the essential facilities(bathing/toileting, cooking and separate room for sleeping)in their current accommodation;
10. Applicant or household member must have significant mental health or other health problems that are being caused or made worse by the housing situation (property type and/or location) and this could be resolved by urgent re-housing;
11. Applicant or household member has a life-threatening or life-limiting illness or condition which is being negatively impacted by their current accommodation;”
12. Miss X does not fall into these categories and her family do not have medical needs directly related to the type or affordability of her current accommodation, other than it being overcrowded for her needs.
13. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

14. We will not investigate this complaint about the Council’s assessment of Miss X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman