Summary: There was no fault in the way the Council made its housing priority decisions.

The complaint

1. Mr B complains that the Council has not given him sufficient priority on its Housing Register. He says that because of this, his family remain living in accommodation which is affecting their health.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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

5. I have investigated Mr B’s complaint about the housing priority decisions the Council made between August 2023 and June 2024.
6. For the reasons explained in paragraph three, I have not investigated Mr B’s complaint about mould in his property. Such complaints can be investigated by the Housing Ombudsman.

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How I considered this complaint

7. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision and considered any comments received.

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What I found

Housing Allocations Scheme

8. The Council’s housing allocations scheme sets out the rules for qualifying to join the Housing Register, how applicants are prioritised and how the Council manages the allocation of available properties.
9. The scheme places applicants in a priority band from Band A (highest priority) to Band D (lowest priority).
10. Applicants who need to move on medical grounds are awarded either Band A, Band B or Band C. Where the applicant has a terminal or life-threatening medical condition, they are awarded Band A. Where the applicant has an urgent need to move, they are awarded Band B. Where the applicant has a low-level medical need, they are awarded Band C.
11. Applicants who are overcrowded and lacking one bedroom are awarded Band C.

Background and key events

12. Mr B lives in a one-bedroom council flat with his wife and two children, who are both under two years old.
13. Mr B applied to join the Council’s housing register because he wanted to move. His application was accepted and he was awarded Band C.
14. Mr B asked the Council to review its decision to award Band C. He provided letters from his GP to support his request. The letters stated that the family were overcrowded and this was affecting Mr B’s mental health.
15. The Council re-assessed Mr B’s application, rather than carrying out a review, because he had submitted some new information. It decided again to award Band C.
16. Mr B asked the Council to review its decision.
17. The review was carried out in June 2024 and the reviewing officer decided to overturn the decision to award Band C. She decided to award Band B on medical grounds.
18. Mr B considers he needs to be rehoused urgently and should therefore be awarded Band A.

Analysis

19. I have considered the information Mr B has submitted to the Council, as well as the Council’s Housing Allocations Scheme. I am satisfied that the Council has properly considered the information Mr B has submitted about his housing circumstances and I consider its housing priority decisions have been made properly in accordance with the Council’s Housing Allocations Scheme.
20. Mr B has provided photographs of mould in his property. It is not clear if Mr B has told the Council that he needs to move because of the condition of his property. But in any event, it would not result in an increase to his housing priority.
21. Mr B says he also needs to move because it is not possible to install a shower, and his wife needs one for medical reasons. Mr B submitted a letter from his wife’s GP in November 2023 which said she may benefit from a shower because she was pregnant. I have not seen any evidence to show that Mrs B has a medical need for a shower since giving birth. In any event, it would not result in an increase to Mr B’s housing priority. Applicants who need adapted housing or extra facilities are awarded Band B.
22. Mr B says that he submitted further medical evidence to the Council in July 2024. I have not investigated whether this further evidence has been properly considered by the Council. This is because it was submitted after the Council had completed its review of Mr B’s housing priority, and is therefore outside the scope of this investigation.

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Final decision

23. I have completed my investigation and do not uphold Mr B’s complaint. There was no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman