Summary: We will not investigate this housing register complaint because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, disagrees with the outcome of her housing application. She says she needs an extra bedroom due to the health needs of one of her children.

Back to top

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))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the Council’s decision, the allocations policy, and the medical evidence. I also considered our Assessment Code.

Back to top

My assessment

5. Ms X lives in a two bedroom home with four children. The composition of the family mean Ms X is eligible for a three bedroom home. The Council awards overcrowding points, on the housing register, when people lack at least two bedrooms. The Council has not awarded overcrowding points because Ms X lacks one bedroom. Ms X says the Council should award an extra bedroom due to the health needs of one child.
6. Ms X also says the Council should award health and independence points. The Council awards these points when there is evidence from specialists of a severe and enduing health condition that is directly affected by the accommodation. The Council decided Ms X does not qualify for these points.
7. Ms X did not qualify to join the housing register because she does not have enough points. Ms X disagrees because she needs a larger home.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the medical evidence and the allocations policy; I see nothing to suggest fault in the Council’s decision that the evidence does not show her child needs their own room or that the health issues meet the threshold for health points. The Council correctly applied the allocations policy when it decided Ms X does not qualify for overcrowding points. Ms X needs a bigger home but, because she does not lack two bedrooms, she does not qualify for overcrowding points.
9. Ms X disagrees with the Council’s decision but I have not seen any suggestion of fault in the way the Council made the decision so there are no grounds to start an investigation. We are not an appeal body and it is my role to reassess the application or re-make the decision.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman