Summary: Miss B complained about the Council’s decision regarding her housing priority. We find no fault in the way the Council made its decision.

The complaint

1. Miss B complains that the Council failed to properly consider the impact of her current accommodation on her health when determining her housing priority. She says that as a result, her health conditions are deteriorating, and she is unable to move closer to her family to receive the care and support she needs.

Back to top

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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)

Back to top

What I have and have not investigated

6. I have investigated the Council’s decision to award Band B in 2024. I have not investigated earlier events because I consider it would have been reasonable for Miss B to complain to us sooner.
7. I have not investigated Miss B’s complaint about mould and damp in her property for the reasons explained in paragraph four of this statement. Such complaints can be considered by the Housing Ombudsman.

Back to top

How I considered this complaint

8. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
9. Miss B and the Council have had an opportunity to comment on my draft decision. I consider any comments before making a final decision.

Back to top

What I found

Housing allocation scheme

10. The Council’s housing allocation scheme introduced in January 2023 places applicants in a priority band from Band A (highest priority) to Band D (lowest priority). According to the scheme:
• Band A is awarded where the applicant has a life-threatening or terminal medical condition.
• Band B is awarded where the applicant has an urgent need to move on medical or welfare grounds (including grounds relating to a disability), due to effects caused by the location of their accommodation and/or the physical conditions of the accommodation.
• Band B is awarded where the applicant needs to be near friends/relatives or medical/social care facilities on medical or social care grounds.
11. The previous scheme placed applicants in a priority band from Band 1 (highest priority) to Band 4 (lowest priority).

Background and key events

12. Miss B has lived in a Council bungalow since July 2020. She applied to the housing register again in 2022. The Council accepted that she had a need to move and awarded Band 2 on medical/mobility grounds. Miss B considered her circumstances justified a Band 1 award and requested a review of the decision to award Band 2.
13. The Council carried out the review in February 2023 and upheld the Band 2 decision. When the new housing allocation scheme was introduced, her Band 2 award was changed to a Band B award.
14. In January 2024, Miss B submitted a complaint to the Council about her housing priority. She asked it to reconsider its decision and award Band A. Miss B said that the damp and mould in the property was affecting her health and she needed to move closer to family as she relied on their care and support on a daily basis.
15. In the Council’s response, it said that some repairs had been carried out to address the damp and mould in the property and that more were planned. The Council also explained that a Band A award on medical grounds would only be given when an applicant has a life-threatening or terminal illness, or requires accommodation due to an imminent hospital discharge. It confirmed that all of the medical evidence submitted by Miss B had been considered and it had been decided that she met the criteria for Band B.
16. Miss B remained dissatisfied and referred her complaint to the Ombudsman.

Analysis

17. I have reviewed the Council’s Housing Allocation Scheme and the medical evidence Miss B has provided. I have found no evidence of fault in the way the Council reached its housing priority decision.

Back to top

Decision

18. I have completed my investigation and do not uphold the complaint. There was no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman