Summary: Mr C complains the Council refused his application for an extra bedroom in its assessment of his housing need. He also complains the Council did not act on his request for a review of its decision. We find the Council’s records do not show it considered whether Mr C’s circumstances were reasons why it should make an exception to its policy, which was fault. The Council has agreed to our recommendation that it consider whether there are reasons to make an exception and contact Mr C with its decision.

The complaint

1. My summary of the complaint by Mr C is that the Council:
• failed to review his housing application for over a year despite repeated contacts from him;
• left him in unsatisfactory housing, having to share a two-bedroom property with his uncle and three children (who live with him at weekends and school holidays).
2. Mr C wants the Council to agree he needs a larger home with more bedrooms.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr C and the Council as well as relevant law, policy and guidance.
6. Mr C and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))
8. The Council’s housing application policy has the following sections.
• “Who You Can Include on Your Application” says applicants can only list immediate family on an application (unless included on an earlier application that led to rehousing). The only exception is where people, not part of the immediate family “…have an exceptional need to live with you as part of the household to give or to receive care or support”.
• “Applications from People who have Overnight Staying Access to Children” says that where a parent has access arrangements for children including overnight stays, they will be eligible for a two-bedroom flat only. Exceptional cases involving many children may be considered for a three-bedroom flat (considered on case by case basis).
• Paragraph 4.22 says children living in a property on a part week overnight access basis (not their principal home) are not counted for the purposes of an assessment of whether an applicant lives in overcrowded accommodation.

What happened

9. Mr C has been living in his two-bedroom Council property for several years. The last few years his uncle has been living with him.
10. In the spring of 2024 Mr C asked the Council to move him on the grounds of overcrowding, as when his three children visited him, they had no bedrooms in which to stay.
11. In July the Council cancelled Mr C’s application on the grounds he was in a two-bedroom property. And its policy was of a maximum of two bedrooms for children visiting parents. So Mr C did not have a housing need.
12. Mr C asked the Council to add his uncle to his application. It refused, noting his uncle did not count as a member of his household. It asked Mr C to send it information of any exceptional reasons to add his uncle to his application.
13. Mr C responded to advise his uncle had lived with him for over two years. He had his own room, so his children needed a room when they visited.
14. Mr C has sent me evidence that on 2 August 2024 he requested a review of the Council’s decision. The document is titled: “housing application enquiry”. In it Mr C says: “I would like my application to be reviewed again. 2 bedroom flat isn’t enough space for myself, my 3 daughters plus my uncle who is registered as living here”.
15. In February 2025 Mr C complained to the Council. He supplied the Council with a copy of his August 2024 appeal request. The Council’s case notes confirm receipt of this document.
16. The Council treated Mr C’s complaint as a review and wrote to him with its decision, upholding its original decision. It noted that:
• one of its rules was an applicant must be in housing need;
• as his children lived with him for part of the week, he was eligible for an extra bedroom;
• that need was met in his current property;
• from a housing application perspective his uncle was not part of Mr C’s household, as he was not a person the Council’s allocation policy listed as somebody who could be added to the application; so
• Mr C’s uncle’s residence in the flat was a private arrangement between them.

Analysis

17. I agree with the Council’s decision that, according to its own policy, Mr C’s uncle was not somebody it should have included in Mr C’s application. It invited Mr C to send it further information if he thought it should make an exception. So I see no fault with its consideration of this issue.
18. I have seen the Council’s decision on both the original application and the complaint/review regarding Mr C’s request for an extra bedroom for his visiting children. Neither record that it considered whether the specific circumstances Mr C and his family are in amount to exceptional reasons to grant a three bedroom need. My decision is to have not have a record of having done so was fault.
19. More likely than not, Mr C did ask the Council in August 2024 to review its decision. So it was fault that the Council did not do so at that time

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Agreed action

20. I recommended that, within a month of my final decision, the Council take the following action.
• Carry out a review of its decision on Mr C’s application, giving a clear record that it considered the question of whether Mr C’s circumstances provided reasons for it to make an exception to its policy and to grant his request for an extra bedroom.
• If the Council does change its decision, it should backdate the start date of the application back to when it would have done if it had accepted the August 2024 application.
21. The Council has agreed to my recommendations. It should provide us with evidence it has complied with the above actions.

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Decision

22. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman