Summary: We will not investigate this complaint about the Council’s assessment of his housing application. He says he should be awarded a higher banding priority because he is overcrowded. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s assessment of his housing application. He says he should be awarded a higher banding priority because he is overcrowded.

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 or continue 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))

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X lives in a one-bedroom flat where he has sole occupation of a double bedroom but no access to the lounge because it is also occupied as a bedroom. Mr X entered the housing register as a single person in 2017 and was awarded Band C priority.
6. Mr X complains he has not yet had an offer for permanent housing and remains on the housing register on Band C. He states that his current property is severely overcrowded and lacks two rooms.
7. The Council’s housing allocations policy states that band B will be awarded for severely overcrowded properties that are lacking two or more bedrooms.
8. The Council have determined Mr X is not overcrowded because he is a single person with sole occupation of a double bedroom. He, therefore, does not receive priority for lacking two bedrooms.
9. It appears Mr X’s circumstances may have changed since he first entered the housing register as he refers to having a family. It is open to Mr X to submit a change of circumstances to allow the Council to review his housing priority band.
10. Mr X also complains he has not been awarded additional points due to the length of time he has spent on the housing register.
11. The Council confirmed Mr X does receive priority based on the age of his application when making bids, but that there are long waits for social housing in their area. They have encouraged him to bid for studio properties.
12. We may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. I have seen no evidence of fault which would suggest that Mr X should be placed in a higher banding.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman