Summary: Miss X complained about the Council’s failure to backdate her housing application to when she first joined the housing register and priority banding. We found the Council acted in accordance with its allocations policy and there was no evidence of fault.

The complaint

1. Miss X complains about the Council’s failure to:
1. properly consider the information she provided about her priority banding on medical grounds; and
2. backdate her application to 2016, this being the date she joined the housing register.
2. She says this has caused considerable distress, particularly as she is highly unlikely to be rehoused for several years.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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(1), as amended)

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What I have and have not investigated

6. I have not investigated what happened after Miss X brought her complaint to the Ombudsman in August 2025. I understand the Council has since carried out a review of her banding priority and that Miss X is dissatisfied with the outcome. We expect councils to be given the opportunity to respond to complaints before the Ombudsman will investigate and I see no good reason to exercise my discretion on this matter.

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How I considered this complaint

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
8. Miss X 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

Relevant law and policy

Housing allocations

9. 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))
10. An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

The Council’s allocations policy

11. The Council has a published allocations scheme. This includes the following sections that are relevant to this complaint.

Priority banding

12. Band B – urgent medical need where the applicant’s condition is severely aggravated by their current housing.
13. Band C- high medical need where there is a clear link between medical condition and unsuitability of housing. The applicant’s current home is moderately contributing to health issues.

Verification

14. Applicants must have their circumstances checked if they are shortlisted for a property. This verification process is intended to confirm banding and housing need.

Change in circumstances

15. It is the applicant’s responsibility to inform the Council of a change in their personal circumstances. Failure to notify the Council may result in a property offer being withdrawn.
16. An application will be suspended when an application is subject to a change in circumstances review.
17. Applications may be cancelled if their circumstances change and they no longer meet the qualification criteria.

Financial assessment

18. Applicants will not be allowed to join the housing register who have sufficient resources to resolve their own housing need

What happened

19. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
20. Miss X has been on the Council’s housing register for ten years. She says she needs to move to more suitable property for health reasons. In March 2025, she was shortlisted for a ground floor flat and was told her application required verification. Shortly afterwards, the Council advised Miss X her account was suspended whilst enquiries were carried out. This was because the Council became aware of a change in Miss X’s marital status. Miss X confirmed she had been married but she had separated from her husband.
21. This information was corroborated by the Council’s subsequent enquiries.
22. In July 2025, the Council told Miss X that she had failed to comply with her responsibility to notify it of any relevant change of circumstances when she got married. Had she disclosed this, she would no longer have been eligible to join the register due to their joint income.
23. Her application was reviewed and the Council accepted she was now eligible to join the register from May 2025 with Band C priority.
24. Miss X complained to the Council about this decision. She also asked the Council to review her banding priority. She explained her health had deteriorated and provided evidence of her medical conditions.
25. In response, the Council reaffirmed its position regarding the verification procedure and outcome. It explained Miss X has failed to notify the Council of her change of circumstances when she married. It agreed to carry out new assessment of her priority banding.
26. Following advice from a medical adviser, the Council confirmed Miss X’s Band C status.
27. Dissatisfied with this outcome, Miss X brought her complaint to the Ombudsman. She explained she suffered significant distress when the Council suspended her account when she thought she would be offered a suitable property. She has several medical conditions that have been affected by her living in her current property. The Council’s decision not to back date her application to 2016 means it is highly unlikely she will be offered social housing.
28. Since bringing her complaint to the Ombudsman, Miss X requested a review of this decision. The Council’s housing review panel confirmed was entitled to Band C priority.

Analysis

29. My assessment of Miss X’s two areas of complaint is set out below.

Failure to backdate Miss X’s application to 2016

30. The Council’s allocation scheme makes it clear that shortlisted applicants will be subject to a verification process. It also states it is the responsibility of applicants to notify the Council of a change in circumstances.
31. When Miss X was shortlisted for a property in March 2025, the Council was entitled to verify her application. I understand Miss X was transparent with her disclosure to the Council and did not attempt to conceal her marriage and provided the Council with relevant information.
32. This prompted the Council to carry out its own enquiries because the marriage may have invalidated her application. Her application was suspended whilst this was undertaken as allowed for in the allocations scheme. In response to my enquiries the Council has provided the Ombudsman with a copy of its investigation report setting out the enquiries it made to establish Miss X’s husband’s location and circumstances, including the period of time he lived with Miss X.
33. Based on this information, the Council determined her application was invalid because Miss X had been ineligible to join the housing register whilst co-habiting with her husband and not notifying the Council of her change in circumstances. Again, the Council’s allocations policy allows for applications to be cancelled in cases such as this.
34. The Council then reassessed Miss X’s application based on her current circumstances. This meant she became eligible to rejoin the register from May 2025. Miss X was informed about this decision and its rationale by letter in July 2025.
35. I understand Miss X’s disappointment with this outcome and its implications for her future housing prospects. However, we can only consider whether the Council correctly assessed her application. We may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. I am satisfied the Council did so in this case.

Medical assessment

36. The Ombudsman does not act as an appeal body. It is not the Ombudsman’s role to decide what priority Miss X should have. It is the Council’s responsibility to make the banding decision. We can only consider whether the Council assessed the application correctly. We cannot criticise a Council when it has followed the correct procedure and reached a reasoned decision.
37. Miss X raised the issue of her priority banding with the Council when she made her complaint about cancelling her application. The Council agreed to review her priority and information provided by Miss X was considered by the Council’s medical assessor. Based on this assessment, the Council upheld its previous decision.
38. Miss X disagreed with the Council’s decision, but I am satisfied the Council considered Miss X’s circumstances and followed a proper decision-making process. I do not find fault with the Council’s actions.
39. I recognise Miss remains unhappy with the Council’s decision and requested a further review. For the reasons explained above, I am unable to comment on this later review.

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Final decision

40. I find no fault with the Council’s actions. On this basis, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman