Summary: We will not investigate this complaint about the complainant’s priority on the housing register and her need to move to a larger home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, wants the Council to provide alternative housing because her current home is unsuitable. She says the Council should increase her banding on the housing register.

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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 medical evidence, the Council’s decision, and the allocations policy. I also considered our Assessment Code.

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My assessment

4. The Council must make housing application decisions in accordance with the allocations policy. The policy says people who lack a bedroom qualify for band C. The policy also says that people whose accommodation has a major adverse impact on their health qualify for band B. People who have a life threatening medical condition which is seriously affected by their accommodation are eligible for band A.
5. Ms X lives in a one bedroom property with her child. Ms X has a range of serious medical conditions and has a lot of input from medical professionals. Her current home is unsuitable for her needs.
6. Ms X is in band B on medical grounds and is registered for a property with only two to three steps. The Council has also registered her as being overcrowded and needing another bedroom.
7. Ms X applied to the Council for band A and submitted medical evidence. The Council has reviewed Ms X’s application a few times but confirmed band B is correct. The Council explained there is a severe shortage of social housing and many people are in similar circumstances to Ms X. The Council said it must treat everyone in accordance with the policy.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have read the medical evidence and there is nothing to suggest fault in the Council’s decision that Ms X’s home has a major adverse impact on her health. There is no question Ms X has significant health issues, but I cannot see fault in the Council’s decision that she does not qualify for band A. The decision that Ms X qualifies for band B flows from evidence and the policy. In addition, the recommendation that Ms X needs a property with limited steps also reflects the evidence.
9. I have considered all the criteria for band A and there is nothing to indicate the Council has overlooked any relevant factors when making its decision.
10. We are not an appeal body and it is not my role to re-make the Council’s decision or decide what band Ms X is eligible for. I also have no power to tell the Council it must re-house Ms X or increase her priority. I can only consider if there was fault in the way the Council made its decision and I see no suggestion of fault.

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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