Summary: Mrs X complained about the Council’s handling of her housing application, specifically its decision on her bedroom entitlement. We did not find the Council to be at fault because it considered Mrs X’s request for an additional bedroom in line with its allocations policy.

The complaint

1. Mrs X complains about the Council’s handling of her housing application. In particular, she complains the Council unfairly refused her request for an additional bedroom by ignoring relevant evidence.
2. She says this has caused significant distress and affected her well-being. She is unable to leave her current home because it would not be safe or reasonable for her two adult children to share a bedroom.

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The Ombudsman’s role and powers

3. 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)
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 Mrs P, Mrs X’s nominated representative.
6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and Council policy

Housing allocations

8. 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 allocations scheme

9. The Council operates a choice-based lettings scheme which enables housing applicants to bid for available properties which it advertises. The Council places housing applicants into one of five bands (A to E) according to their housing need.

Bedroom entitlement

10. Children of the same sex are expected to share a bedroom unless there is a medical or welfare reason why the children cannot share a bedroom. Medical and welfare needs will be assessed using the scheme’s standard processes. Adult children will not be given additional bedroom entitlement but will be considered as children of the household.

What happened

11. Below is a summary of the key events leading to this investigation. It is not an exhaustive chronology of every exchange between parties. Where necessary, I have expanded on some of these events in the “analysis” section of this decision statement.
12. Mrs X lives in a three-bedroom council house with her husband and two adult children (P and Q). Mrs X and her family have several health conditions.
13. In September 2023, Mrs X applied to join the housing register because of her neighbour’s anti-social behaviour.
14. This gave Mrs X additional priority on welfare grounds, but she was told she could only bid on two-bedroom properties.
15. Mrs X asked the Council to increase bedroom entitlement because of P and Q’s circumstances. In support of this request, Mrs X provided a letter from her GP. This stated there was conflict between P and Q. This, together with their different routines, would make sharing a bedroom detrimental.
16. An occupation therapist carried out an assessment of Mrs X’s health needs. Her report recommended an additional bedroom for P and Q.
17. The Council’s position remained the same. Mrs X sent another letter from her GP.
18. In response, Mrs X was told the second GP letter provided no new information. She was advised of her right to request a review of this decision.
19. Mrs X made a formal complaint instead. She said the Council had requested excessive information and ignored relevant evidence.
20. In response to Mrs X’s complaint and the Ombudsman’s enquiries, the Council’s position was that:

• the allocations policy was applied correctly when making its decision on bedroom entitlement;
• the conflict between P and Q could happen in any room in the house and did not justify an additional bedroom;
• it was entitled to contact medical professionals for supporting evidence; and
• the occupational therapist was unable to provide a reason for her recommendation for an extra bedroom because Mrs X withdrew her consent for her to comment further on the issue.

Analysis

21. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas, especially when the requirement is for a larger property. The Ombudsman may not find fault with a council’s decision about a housing application, if it has prioritised applicants and awarded bedroom entitlement according to its published allocations policy.
22. I consider the Council did so in this case. I say this because:

• the Council applied its allocations policy when making its decision about bedroom entitlement;
• the Council considered the evidence submitted by Mrs X in support of her request for an extra bedroom. While I acknowledge Mrs X felt P and Q’s circumstances warranted an extra bedroom, the Council was not obliged to agree and correctly explained its reason for not doing so;
• the Council tried to obtain further information from the occupational therapist about her recommendation for an extra bedroom. I do not consider this was an unreasonable request; and
• Mrs X was correctly advised of her right to request a review of the decision. She did not do so.

23. Overall, I am satisfied the Council correctly applied its housing allocations policy and followed the correct procedure. The Ombudsman cannot interfere with the merits of the Council’s decision about Mrs X’s bedroom entitlement.

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Final decision

24. I have completed my investigation.
25. I have not found the Council to be at fault. It made its decision about bedroom entitlement in line with its published allocations policy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman