Summary: We have upheld this complaint about the Council’s consideration of Mr X’s request to join the housing register. The Council has agreed to resolve this complaint early by reviewing its decision again, this time making clearer why it has made its decision.

The complaint

1. Mr X complains the Council failed to properly consider his medical need for an additional bathroom when it decided whether he was eligible for social housing.
2. As a result of the Council’s decision, Mr X said he has been caused distress and has lived for too long in an unsuitable property.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. The Council refused Mr X’s request to join the housing register as it did not agree he had a medical need to be rehoused.
7. Mr X asked for a review of this decision. He said due to his medical needs he required a second bathroom and provided supporting information.
8. The Council carried out its review and upheld its original decision. However the review did not engage with the question of whether Mr X had a medical need for a second bathroom. Instead it referred to how many bedrooms his current property had, which was not the basis of Mr X’s application.
9. If we investigated this complaint it is likely we would find fault causing injustice, as the Council failed to properly explain the reasons for its review decision. We therefore asked the Council to consider remedying the injustice caused by carrying out this review again and ensuring its decision is clearly explained. The Council has agreed to do this.

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Agreed action

10. Within one month of the date of this final decision, the Council will carry out a new review of its decision that Mr X does not qualify to join the housing register due to his medical needs.
11. The Council will ensure this review clearly sets out its decision-making regarding Mr X’s stated medical need for a second bathroom, as well as any other key concerns he raised as part of his review request.
12. The Council has also agreed that if the new review leads to a change in decision regarding his housing, that this will be backdated appropriately.

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Final decision

13. We have upheld Mr X’s complaint about the Council’s review of its housing register decision. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman