Summary: We will not investigate this complaint that the Council has not correctly applied the housing allocation policy. This is because there is insufficient evidence of injustice and the Council has provided a satisfactory response.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has not correctly followed the allocations policy in relation to bedroom size. Ms X wants the Council to honour the policy and register her for a four bedroom home.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & 24A(7), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the complaint response and the allocations policy. I also considered our Assessment Code.

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My assessment

4. Ms X is on the housing register and is registered for a three bedroom home. Ms X has three daughters and a son who is aged under four.
5. Ms X complained to the Council and said it should register her for a four bedroom property. She referred to the allocations policy which says that a couple with four children (three of one sex and one of the opposite sex) have a four bedroom need.
6. The Council confirmed Ms X is correctly registered for a three bedroom property. It agreed that a literal reading of the policy indicates a four bedroom need but it also referred to other examples, in the same section of the policy, which says children of the same and opposite sex, under the age of ten, are expected to share. The Council said it had awarded a bedroom for Ms X, a room for the two older girls, and a room for the third girl (aged under ten) and her brother. The Council said the policy could not reflect every possible household composition but it would consider including Ms X’s situation when it reviews the policy.
7. The policy says a family of four where there are three children of one sex and one of the other sex have a four bedroom need. On this basis I understand why Ms X thinks she is entitled to a four bedroom home. However, I will not investigate the complaint because there is insufficient evidence of injustice. This is because it is clear from the policy, especially the section which gives different examples of bedroom need, that two children under ten are allocated one bedroom, regardless of their sex. So, while a literal reading may state four bedrooms, this has not caused an injustice requiring an investigation because, when the policy is read in its entirety, Ms X has a three bedroom need. It would be unfair if the Council granted Ms X an extra bedroom when other families who have children under ten, have not been granted another bedroom.
8. I agree the current wording may cause confusion or frustration but the Council has agreed to do a review which is a satisfactory response.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of injustice and because the Council has provided a satisfactory response.

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Investigator's decision on behalf of the Ombudsman