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

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision that she has a two bedroom need in relation to her housing application. She wants the Council to allow her to bid for three bedroom properties or move her to band two 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 incudes the housing application decision and the supporting evidence. I also considered our Assessment Code.

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My assessment

4. The allocations policy says a boy and a girl, aged under 10, can share a bedroom. When one child turns 10, the household qualifies for an extra bedroom. The policy says the Council may allocate an extra bedroom if space is needed for an overnight carer.
5. Ms X currently has a two bedroom need, based on the composition of her family. For personal reasons, linked to health, Ms X explained to the Council why she needs it to register her for a three bedroom property. Ms X provided reasons and supporting evidence.
6. The Council considered the evidence submitted by Ms X and her reasons for wanting an extra bedroom. The Council was sympathetic to her circumstances but decided the evidence does not show she qualifies for an extra bedroom. The Council said she will have a three bedroom need when one child becomes 10 later this year.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X currently has a two bedroom need which will increase when her child becomes 10 years of age. The Council considered Ms X’s request for an extra bedroom now but decided she does not qualify. I have not seen any suggestion of fault in the way the Council made this decision and there is nothing to suggest a carer stays overnight.
8. As an alternative, Ms X suggested the Council should place her in band two. However, when she has a three bedroom need, she will lack one bedroom which will mean she qualifies for band three. To qualify for band two she would need to lack two bedrooms which does not apply.
9. Ms X has explained how important it is for her to be eligible for an extra bedroom. But, we are not an appeal body and it is not my role to re-make the decision and I have no power to tell the Council it must register Ms X for a three bedroom home now. I have not seen any suggestion of fault in the way the Council made the decision so there is no reason to start an investigation.

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Final decision

10. 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