Harlow District Council (23 012 933)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 02 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s assessment of Mrs X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Mrs X complained about the Council’s assessment of her housing application which she says has been given insufficient priority. She says she needs three bedrooms because her son cannot share a bedroom with his sibling due to his autistic behaviour requirements.
The Ombudsman’s role and powers
- We investigate 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 or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
further investigation would not lead to a different outcome.
How I considered this complaint
- I considered the information provided by the complainant. I have considered the Council’s housing allocation policy.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X lives in a one-bedroom social rented flat and applied for rehousing because she has two children and says she is overcrowded. The Council assessed her has having Band B2 priority due to her son’s medical needs and having need of an additional bedroom.
- Mrs X asked for the decision to be reviewed because she says she needs three bedrooms because her son displays autistic behaviour and although not yet assessed it is difficult for him to share a bedroom with siblings. She provided medical letters from professionals relating to his behaviour. The Council reviewed the case and obtained an independent medical view. The outcome of the review left her banding unchanged as although it is acknowledged that she needs an additional bedroom, no need for a separate bedroom for her son was identified.
- The Council says she may submit a new review request following the outcome of her son’s assessment which may or may not affect her banding priority.
- 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. The Council has referred to the relevant parts of the allocations policy with regard to this. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
Final decision
- We will not investigate this complaint about the Council’s assessment of Mrs X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman