Summary: Miss D complained how the Council has handled her application to be rehoused. She says the Council has unreasonably changed her bedroom need which means she has been unable to bid for suitable properties. We do not find the Council was at fault.

The complaint

1. Miss D complained how the Council has handled her application to be rehoused. She says the Council has unreasonably changed her bedroom need which means she has been unable to bid for suitable properties.
2. Miss D says the matter has caused significant distress and upset.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. 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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What I have and have not investigated

6. Miss D refers to matters from 2019, but she did not refer her complaint to us until July 2023. My investigation will focus on matters from July 2022 onwards. I am satisfied Miss D had a reasonable opportunity to refer her complaints before July 2022 to us sooner and so I have not exercised discretion to investigate earlier events.
7. In paragraphs 18 to 20, I have referenced events before July 2022 for relevant background and context.

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How I considered this complaint

8. I considered information from Miss D. I made written enquiries of the Council and considered information it sent in response.
9. Miss D 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

Housing allocations

10. 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))

The Council’s lettings policy

11. A housing association manages the Council’s letting policy. However, the Council is ultimately responsible for the allocation of social housing.
12. Eligible and qualifying applicants are placed in one of four bands (A to D) in date order.
13. Applicants who have an urgent need to move will be placed in Band A. This includes applicants who have an urgent medical need and urgent multiple needs (when an applicant is assessed as having two or more Band B needs).
14. Applicants who have a high need to move will be placed in Band B. This includes applicants who have a high medical priority and who have one bedroom more than the household requires.
15. The Council may assess an applicant needs an extra bedroom where it considers there are special circumstances.

What happened

16. This chronology includes an overview of key events in this case and does not detail everything that happened.
17. Miss D lives in a four-bedroom house with her youngest son (E). She rents the house from a housing association. Her eldest son used to live with her until he moved out at the end of 2022.
18. Miss D applied to join the Council’s housing register in October 2019. She said she wanted to move because her house did not meet her and her family’s medical needs. The housing association (the Association), who manages the Council’s lettings policy, put Miss D in Band A (urgent multiple needs) because of her Band B medical needs and because she occupies an extra bedroom. The Association said Miss D qualified for a three bedroom house.
19. Miss D sent the Association a change of circumstances form in September 2020. The medical evidence Miss D provided said she needed a sensory room for E because of his special educational needs. The Association changed Miss D’s bedroom need to four bedrooms. It changed her priority to Band B as she no longer had an extra bedroom.
20. Miss D sent the Association a report from an occupational therapist (OT) in May 2021.The OT said they were not aware of any evidence which shows a sensory room is a definite need for a child with E’s special educational needs. They said a three bedroom requirement gave Miss D a more realistic chance of finding somewhere suitable. A further OT’s report said the household needed a three bedroom property but access to an extra room would be useful to manage E’s behaviour. The Association reviewed the evidence and changed Miss D’s bedroom need to three bedrooms. It changed her priority back to Band A (urgent multiple needs).
21. Miss D’s eldest son made his own application to join the Council’s housing register in January 2023. The Association contacted Miss D and said her son could not be on two housing applications. It removed him from Miss D’s application and confirmed she was eligible for two bedrooms.
22. Miss D complained to the Council and the Association about its failure to provide E with an extra room. The Council contacted the OT in May to discuss Miss D’s case. The OT said nothing had changed and an extra bedroom was desirable for E, but not essential.
23. The Council responded to Miss D’s complaint. It said it had assessed her housing application in line with its lettings policy and the medical evidence on file. It said it was unfortunate there were some mixed messages about the need for a sensory room, but it was due to conflicting medical opinion and therefore it was outside the Council’s control.

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Analysis

24. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with the decision the organisation made.
25. The Association and the Council have reviewed the medical evidence and consulted with the OT. The most recent evidence states while an extra room is beneficial for E, it is not essential. The Council must make the best use of housing stock in its area. It decided, based on the information from the OT, it was not reasonable to allocate an extra bedroom to Miss D’s household. That was a decision it was entitled to take in line with its lettings policy, and therefore it was not at fault. The Council was also not at fault for removing Miss D’s eldest son from her housing application as it would be unfair for him to be on two housing applications.

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Final decision

26. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman