Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not increase her priority on the housing register even though she provided evidence that disrepair in the property was making her child ill.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council about the repairs. I also considered our Assessment Code.

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My assessment

4. Ms X has been on the housing register in band C since 2023; she has medical priority. Ms X is a Council tenant.
5. Ms X reported disrepair to the Council including damp, mould and problems with the windows. She provided medical evidence and explained the conditions in the property were making her child ill. Ms X asked the Council to increase her priority.
6. The Council said it would only increase the priority if the disrepair could not be resolved within a reasonable time and there was a category one hazard.
7. The Council, as Ms X’s landlord, agreed to do repairs. The repairs, including new windows, were completed between April and July 2024.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the policy says the Council will only increase the banding if the disrepair cannot be resolved and a category one hazard remains. I have seen photographs which show the Council carried out extensive repairs so there is nothing to suggest there was fault in the Council’s decision. If Ms X thinks further work is needed, or there is a category one hazard, she can report this to the Council in its capacity as her landlord.
9. I appreciate living with the disrepair caused problems for Ms X and her daughter. However, as the policy says the Council will only increase priority if the disrepair cannot be repaired, there is no suggestion of fault. This applies even though Ms X reported that her child was becoming unwell. If Ms X thinks the Council, as her landlord, delayed completing the repairs, she can raise that as a complaint with the Council. In addition, the Council had already awarded medical priority to Ms X and it only awards medical priority to one person. Even if the Council had awarded medical priority to Ms X’s daughter it is unlikely it would have led to in increase in the banding.
10. Ms X says the Council should move her because she is concerned the disrepair will return. But, the Council can only assess an application based on the current situation and, if problems do reappear, Ms X could report that as an issue to her landlord.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman