Summary: Mr X complains the Council has not properly considered his housing priority. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council has not properly considered medical evidence in relation to his housing priority.
2. Mr X says he should have higher housing priority.

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The Ombudsman’s role and powers

3. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
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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How I considered this complaint

5. I spoke to Mr X about his complaint and considered documents he provided. I made enquiries of the Council and considered its response and the supporting documents it provided.
6. Mr X 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

The Council’s allocations policy

7. Priority is determined by placing each applicant in one of five Bands following as assessment of their household’s circumstances.
8. An applicant will be place in band 2 if they are overcrowded by two or more bedrooms and band 3 if they are overcrowded by one bedroom.
9. An applicant may be awarded priority on medical grounds. If an applicant indicates a move will benefit their health or a member of their household’s health, their circumstances will be assessed. Evidence will be required to support the applicant’s case.
10. Medical priority may be awarded at one of three levels, severe, moderate or low, depending on the medical condition and how much of a negative effect it has on their ability to live in their present accommodation. The following table shows a guide to determining medical priority.

11. An applicant may be awarded priority on welfare grounds. Welfare priority may be awarded at one of three levels, severe, moderate or low. If an applicant or member of their household has a severe welfare issue then they will be placed into Band 1. If an applicant or member of their household has a moderate welfare issue, they will be placed into Band 2 and those with a low welfare issue assessment will be placed into Band 3.

What happened?

12. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
13. Mr X provided information to the Council relating to himself and members of his family in support of his housing situation, between September 2023 and August 2024.
14. The Council assessed the information Mr X provided. Mr X remained unhappy with the outcome and complained to the Council.
15. The Council did not uphold Mr X’s complaint because it said there was no evidence on record that current property was unsuitable for medical conditions or that it negatively impacts his wellbeing.

Analysis

16. The Council changed Mr X’s banding in January 2024 from Band 5 to Band 3 based on information which showed Mr X’s family was overcrowded by one bedroom.
17. The Council has changed Mr X’s banding again in August 2024 from Band 3 to Band 2, based on information which showed he had moderate welfare need.
18. I have seen the information Mr X has provided chronologically together with the Council’s response and assessment analysis.
19. The Council has been clear that where Mr X has provided information and no changes have been made, it was because Mr X’s information was about the medical circumstances themselves, but did not evidence whether they have an impact on Mr X’s family’s ability to live in their current property.
20. Mr X disagrees with the Council’s decision, but it assessed the information Mr X provided and made decisions in accordance with its allocations policy. This is not fault by the Council.

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Final decision

I have not found fault by the Council. I have now completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman