Summary: Mr X complains the Council was at fault in the way it dealt with his housing register application and awarded him priority banding causing distress and uncertainty. We have found no evidence of fault in the way the Council considered these matters. So, we have completed our investigation.

The complaint

1. Mr X complains about the way the Council dealt with his housing register application and awarded him priority banding causing him uncertainty and distress.

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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. 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

4. As part of the investigation, I have considered the documents provided by Mr X and spoken to him about the complaint. I have made enquiries of the Council and considered the comments and documents the Council provided.
5. 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

Housing Allocations

6. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

The Council’s Housing Allocations Policy

7. The Council assesses housing applicants into one of four priority bands. Band 1 is the highest and Band 4 the lowest priority.
8. The Council is part of a common allocation policy (Hampshire HomeChoice Allocations Framework- HHC Framework) between five local authority areas to operate a common housing register and a choice-based lettings scheme. It aims to ensure all social/affordable housing is allocated fairly and objectively to those in the greatest housing need. Each local authority continues to maintain its own local authority scheme of allocations which may contain separate policies to address and reflect local priorities.
9. Applicants need to complete a HomeChoice application form and provide information. Priority is awarded within each band by the date the application was placed in that band. This date is known as the priority date.
10. Once the Council receives the application it will tell applicants of their date of registration, priority band assessment, priority date and application reference number. This enables applicants to manage their housing application including making bids for accommodation.
11. Applicants have the right to request a review of a decision by the Council. This includes a decision on the priority band an applicant is placed into. The decision will be reviewed by an independent officer not involved in the original decision.

Events leading to the complaint

12. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
13. Mr X made an online application in June 2023 to join the Council’s housing register. The Council closed Mr X’s application in August 2023 as it assessed he did not have a local connection to the Council’s area based on the information provided. The Council told Mr X of the decision. It advised he could ask for a review of the decision and ask for advice on housing options available to him such as private rented accommodation.
14. Mr X applied to join the housing register again in September 2023. Mr X and his children were living with a family member. The Council asked Mr X to provide further information so it could assess his application. The Council asked for documents to verify his application such as child benefit. Mr X applied for child benefit, so the Council extended the date for him to supply the information. It awarded Mr X Band 4 priority while waiting for the information.
15. The Council accepted Mr X onto the housing register in December 2023 and activated his application due to verifying a local connection. It awarded him Band 3 based on 'overcrowding by one room' with a registration and priority date of June 2023. The Council said Mr X could bid for three bedroomed properties and could ask for a review of the decision on his application.
16. Mr X asked for a review of the Council’s decision to allocate him Band 3 in February and March 2024. Mr X explained his housing situation and considered he and his family were overcrowded in the accommodation they were living in. Mr X said he should be placed in Band 2. The Council acknowledged Mr X’s review request and advised he would receive a response within 56 days.
17. The Council completed the review in April 2024. It said Mr X had been correctly assessed as being in Band 3 on the basis he was overcrowded by one bedroom at his current property. This was based on the fact Mr X was living with a family member, the number bedrooms in the property and the age and gender of his children. The Council said Mr X did not meet the criteria to be awarded a higher priority and would remain in Band 3 with the priority date of June 2023.
18. The Council explained the reason for the decision on his banding. It said the HHC Framework recognised the difficulties families had living in overcrowded accommodation. Mr X’s application allowed him on to the register at Band 3 recognising the need to move to larger accommodation. Mr X provided information outlining the specific challenges faced by his family, including financial strain and impact of sharing bedrooms with his children. The Council said it understood the challenges faced by his family, but this was the case for many families who are on the housing register. The Council said as Mr X had been on the housing register for almost a year, it was not considered unreasonable for him to remain in his current accommodation while waiting for a property.
19. The Council referred to a scheme to help qualifying applicants move into or within the private rented market. The Council said it could provide support with some up-front financial costs such as rent in advance and rent deposit. It advised Mr X he should also continue to bid for suitable properties.
20. Mr X remained unhappy with the Council’s decision about his housing register banding and said the family member intended to sell the property soon. Mr X considered as his family were overcrowded at their accommodation, he should be awarded Band 2 priority. The Council gave Mr X information about looking at the private rental sector for properties and the financial help it may provide.
21. The Council considered Mr X may be referring to the overcrowding section in Band 2 of its HHC Framework where it refers to applicants living in overcrowded circumstances if they lack two or three bedrooms. But this refers to applicants placed in temporary accommodation by the Council as part of its homeless duty. So, it does not apply to Mr X as he has not submitted a homelessness application. This is despite the Council offering Mr X appointments with housing advisers to discuss possible homelessness. The Council says Mr X has not responded to the contact.
22. The Council noted Mr X lived with a family member with a threat of losing the accommodation if it were sold. However, this would meet the Band 3 criteria of ‘temporary/insecure housing’ and ‘lacking /sharing facilities. So, it would be likely Mr X would remain in Band 3.

My assessment

23. The Ombudsman may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. I do not consider there has been fault in this case.
24. This is because the documents provided show the Council assessed Mr X’s application according to its HHC Framework Allocations policy. Council officers asked Mr X to provide further information to support his application. Based on the information provided the Council awarded Mr X Band 3 priority.
25. The Council’s assessment of Mr X’s housing band has been supported by an officer on review. This included the additional information Mr X provided about his current living situation. I am aware Mr X does not agree but the decision to award Band 3 is a decision the Council is entitled to make. As there is no evidence of fault there are no grounds for us to question the merits of the Council’s decision.

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Final decision

26. I have completed my investigation. There is no fault by the Council in the way it considered Mr X’s application for housing when allocating him a priority banding.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman