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’s failure to give her sufficient priority for a move to alternative accommodation. She says her current social rented home is overcrowded and she also has a child who needs a separate bedroom for medical reasons.

Back to top

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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X currently lives in 2-bedroomed social housing tenancy. She applied for rehousing because she says the property is overcrowded and she needs an additional bedroom on account of the ages and gender of her children. She was assessed as being eligible for Band D priority and is able to bid on 3-bedroomed vacancies.
6. Miss X asked for her banding assessment to be reviewed because she says her daughter has a medical condition which requires her to have a separate bedroom and she provided medical information for the review panel. The Council carried out a review under s.166A of the Housing Act 1996. The outcome was that she should remain in her current banding.
7. This is because she is accepted as being one bedroom short for her needs due to overcrowding and although her daughter has moderate medical needs for a separate bedroom, the allocations policy does not award additional priority for duplicated housing needs. If Miss X was to be successful on bidding on a 3-bedroom vacancy her daughter’s need for a separate bedroom would be addressed as well as the overcrowding.
8. I have seen no evidence of fault which would suggest that Miss X should be placed in a higher banding. 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.

Back to top

Final decision

9. 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.

Back to top

Investigator's decision on behalf of the Ombudsman