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

The complaint

1. The complainant, Ms X, says she should be in band B on the housing register. Her home is too small and unsuitable for one of her children for medical reasons. Ms X also says she has neighbour problems.

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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 letters about Ms X’s banding and the medical evidence. I also considered the Council’s allocation policy and our Assessment Code.

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My assessment

4. Ms X lives with three children in a two bedroom property. One of her children has a disability. Ms X is on the housing register in band C. The Council placed her in band C because she needs another bedroom.
5. Ms X applied for medical priority for her child. Mrs X referred to the impact of the lack of space, external noise and neighbour nuisance. The Council considered the medical evidence and awarded band C; band C medical applies when the accommodation has a significant impact on someone’s health. The Council told Ms X that the medical priority would not change her overall position because she was already in band C for overcrowding. The Council also told Ms X that she would need to provide evidence from the police so it could consider if she qualified for extra priority due to the neighbour nuisance.
6. Ms X disagrees with the outcome and says she should be in band B.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the medical evidence and the allocations policy and there is nothing to suggest fault in the Council’s decision to award band C. Band C is the correct band for a family which lacks a bedroom and where the accommodation is having a significant impact on someone’s health. There is no medical award in band B and the evidence does not support an award of band A medical; band A applies when there is an extreme and urgent need to move on health grounds.
8. Ms X has explained why she would like to move and may feel frustrated at being in band C. But, we are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. It is not my role to re-make the decision and I have no power to ask the Council to move Ms X into a higher band.

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Final decision

9. 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