Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s housing register application and medical priority. There is insufficient evidence of fault which would warrant an investigation. It is unlikely an investigation would result in higher banding priority being awarded.

The complaint

1. Summary: Mrs X complains that the Council has not acted on her household's rehousing needs. She says eight people are living a two-bedroom council home with severe overcrowding and damp/mould, and that several children have autism and other health needs, including her 17-year-old daughter with serious mental health difficulties. She says the Council has kept the family in Band B, and failed to add submitted evidence to her records. She wants Band A priority and urgent rehousing to a larger home.

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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 or continue an investigation if we decide that further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by the Complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X applied to the Council’s housing register because she is overcrowded and her family has medical needs. She subsequently submitted medical information and a change of circumstances form. The Council did not respond promptly. In its complaint response, the Council acknowledged delay and poor communication, apologised and offered a payment of £50. Mrs X asked the Council to review her case because she believes she should be placed in Band A, not Band B.
7. The Council carried out a review of her application under s.166A of the Housing Act 1996 part 6 this is a non-statutory review with no further right of appeal. The review decision explained how the Council considered the medical evidence provided, including information from CAMHS, and obtained independent medical advice before reaching its decision. It also explains why the criteria for Band A were not met under the Council’s allocations policy.
8. This indicates the Council considered the relevant information and applied its policy. I have seen no evidence of fault such as failure to consider key evidence, or misapplication of the policy. Although there was delay in responding, the documents show the Council did consider the medical information when making its decision. There is no clear evidence the Council failed to record or take account of the evidence submitted.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
10. 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.
11. We cannot investigate Mrs X’s concerns about disrepair problems with mould growth and other repairs in her Council rented home. The Council has already given her advice about complaining to the Housing Ombudsman service which is the body which investigates complaints about disrepair in accommodation managed by social housing landlords.

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Final decision

12. We will not investigate this complaint about the Council’s handling of Mrs X’s housing register application and medical priority. There is insufficient evidence of fault which would warrant an investigation. It is unlikely an investigation would result in higher banding priority being awarded.

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Investigator's decision on behalf of the Ombudsman