Summary: Mrs X complained about the Council’s handling of her housing allocation. She said being placed in her current banding means she cannot bid on suitable properties. The Council was not at fault.

The complaint

1. Mrs X complained about the Council’s handling of her housing allocation. She said being placed in her current banding means she cannot bid on suitable properties.

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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 a Council’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

4. I have investigated Mrs X’s complaint about her housing allocation banding.
5. I have not investigated any reference to concerns with her current accommodation. The Ombudsman considered this in a previous investigation.

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How I considered this complaint

6. I read Mrs X’s complaint and spoke to her about it on the phone.
7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs 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

Background information

9. 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))
10. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

The Council’s allocation scheme

11. When the Council accepts a housing application it places applicants into one of four Priority Bands.
12. Priority Band A is for emergency or strategic priority. This includes an applicant with life threatening conditions or people being discharged from hospital.
13. Priority Band B is for high priority, such as a household lacking two or more bedrooms, people threatened with homelessness or where an applicant has an urgent medical priority.
14. Priority Band C is for medium priority, such as homeless applicants, applicants lacking one bedroom, or an applicant with less urgent medical priority.
15. Priority Band D is low priority. This is for applicants who do not have a housing need identified in Bands A to C.
16. The Council awards mobility categories for applicants who have mobility needs.
17. Category one is where a wheelchair adapted property is needed.
18. Category two is where a mobility or adapted property is needed.
19. Category three is where a level access ground floor accommodation is needed.

What happened

20. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
21. Mrs X and her family have been on the housing register for nearly ten years. The family have been in temporary accommodation since 2016 as the Council accepted they were homeless and provided accommodation.
22. Mrs X submitted a medical assessment in January 2024.
23. The Council issued its decision in March 2024. The Council placed her in band B and category three.
24. Mrs X complained to the Council in May 2024. She said she submitted medical information in January 2024, but the Council awarded her band B and category three. She explained she felt frustrated as the Council had not applied a disability category. Mrs X asked the Council to place her family in the correct banding.
25. The Council responded to the complaint in June 2024. The Council explained its decision to place the application in band B and category three. The Council said there was high demand for properties. The Council said it placed the application in band B because of the urgent medical need. The Council explained it awarded category three as the family needed a level access property, in line with its policy.
26. Mrs X asked the Council to consider her complaint at stage two in June 2024. Mrs X stated the Council saying there was high demand was not acceptable. She said when she tried to bid on a disability adapted property it was not available. Mrs X said she thought she should be in a higher banding.
27. At the end of June 2024, Mrs X asked the Council to review her banding.
28. The Council reviewed Mrs X’s application in July 2024. The Council awarded the same banding, Band B, and category three.
29. The Council issued the stage two response at the end of July 2024. The Council explained Mrs X’s banding allocation.
30. Mrs X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mrs X would like the Council to move her family to a new, permanent home.
31. In response to my enquiries the Council provided its policy and explained why it placed Mrs X in her band and category.

My findings

32. The Ombudsman does not act as an appeal body. It is not the Ombudsman’s role to decide what priority Mrs X should have. It is the Council’s responsibility to make the banding decision. We can only consider whether the Council assessed the application correctly. We cannot criticise a Council when it has followed the correct procedure and reached a reasoned decision.
33. The Council considered Mrs X’s application, and all supporting evidence. The medical adviser considered the medical information. Mrs X disagreed with the Council’s decision, but I am satisfied the Council considered all information and relevant evidence and followed a proper decision-making process. I do not find fault with the Council’s actions.
34. I recognise Mrs X is unhappy with the Council’s decision, but it is a decision the Council is entitled to make.

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Final decision

35. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman