Summary: Mrs X complained the Council wrongly reduced her priority on the housing register and suspended her from bidding pending a decision on her change of circumstances. She also complained about the length of time allowed to assess her change of circumstances. We found the Council acted in accordance with its allocation policy and there is no evidence of fault.

The complaint

1. Mrs X complained the Council wrongly reduced her priority on the housing register and suspended her from bidding pending a decision on her change of circumstances.
2. Mrs X also complained the Council has said it will take 20 weeks to consider her change of circumstances. Mrs X considers this timeframe is too long given her serious medical conditions.

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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 Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs 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

Housing allocations

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 operates a choice-based lettings scheme with social housing providers under the Lewisham Find Your Home (LFYH) Partnership. This enables housing applicants to bid for available properties which it advertises. It uses a banding scheme to prioritise applications. Those with the highest priority will be awarded Band 1 and those with the lowest priority Band 4.
9. The Council’s scheme also requires applicants to meet the local connection criteria to join the housing register.
10. Applicants can only bid for accommodation that is the right size for their household's needs. They can only bid for a property with an extra bedroom if this has been recommended by the Council’s Medical Advisors or they are in Emergency Priority Band 1 with under occupation priority.

What happened here

11. This is a summary of the key events relevant to our consideration of the complaint. It does not include everything that happened.
12. Mrs X is a housing association tenant. She does not live in Lewisham and does not meet the local connection criteria, but the Council has historically agreed that she could remain on the housing register. Mrs X was awarded Band 2 High medical priority in 2023 and is eligible to bid on one bedroom properties.
13. The Council states that since 2021 Mrs X has only bid on seven properties. Mrs X says this is because the available properties were not suitable. Had they been, Mrs X says she would have bid on more properties.
14. In 2025 Mrs X contacted the housing association as she wanted to return to live in Lewisham on urgent medical grounds. Mrs X says she was told in January 2025 that she needed major heart surgery and that it could take up to six months for her to recover. She wanted to return to Lewisham to be supported by her family during her recovery. Mrs X wants a two bedroom property for a family member to stay with her and says this was supported by the hospital.
15. Mrs X also asked her MP for support and in in late August/ early September 2025 provided supporting medical evidence.
16. The housing association responded to Mrs X’s MP on 9 September 2025 and confirmed it had referred the letter from Mrs X’s doctor to its medical advisor in line with the Council’s allocation policy. It also confirmed that in line with her GP’s recommendation it had updated Mrs X’s application to reflect a two bedroom requirement. The housing association noted Mrs X’s bidding history and said a resident liaison officer would contact Mrs X to assist with the bidding process.
17. Miss X says that the following month the housing association amended her application again to reflect a one bedroom requirement. Mrs X contacted the Council and again asked her MP to assist.
18. The Council wrote to Mrs X and her MP on 17 October 2025. It noted the housing association had updated Mrs X’s housing need to a two bedroom property but given the historic nature of the case and the reasonable adjustments the Council had already made, it suggested Mrs X submit a change of circumstances form. This would allow her application to be reassessed. The Council said the original agreement was for a one-bedroom property so any change in bedroom need must be formally reviewed and approved by the Council.
19. The Council also suggested that when Mrs X completed the change of circumstances form she note the reason for moving is to give or receive care within the borough. This would exempt her from the five-year local connection requirement.
20. Mrs X submitted a change of circumstances form for a two bedroom property on 10 November 2025. The Council acknowledged Mrs X’s request and confirmed it would review the information and assess her housing needs. The Council told Mrs X this could take up to 20 weeks and that her banding had automatically changed to Band 4 until the assessment was complete.
21. Mrs X is unhappy her application has been suspended and that she cannot bid on properties for five months. She says she cannot have the necessary surgery until she moves and has asked the Ombudsman to investigate her concerns. Mrs X maintains she has a genuine and justified medical need for a two bedroom property. This was agreed by her housing association and Mrs X wants the Council to honour this agreement and upgrade her application to a two bedroom need. She is in a dire situation and feels the Council should be providing her with more support.
22. In response to our enquiries the Council says the housing association’s amendment to a two bedroom need would only apply to its own housing stock outside of Lewisham. To be considered for a two bedroom property in Lewisham the Council would need to assess Mrs X’s needs under the care and support criteria in its allocation policy.
23. It says that when Mrs X submitted the change of circumstances form her application was moved to Band 4 in line with its allocation policy. It then reinstated Mrs X’s Band 2 priority on 1 December 2025 when her application was reactivated. Mrs X could then bid on 1 bedroom properties.
24. The Council also referred Mrs X’s application for a medical assessment. The Council said its housing medical advisor will review the case under the care and support criteria set out in the allocation policy to determine whether a two bedroom property is required on medical grounds. This has now been completed and the Council has determined a second bedroom is not required on medical or care and support grounds.
25. It says it advised Mrs X the assessment of a change in circumstances can take up to 20 weeks as this is the standard timeframe for all LFYH partners. The actual time taken may vary depending on the nature of the change and how quickly the required supporting documentation and evidence are provided for verification. It has not taken 20 weeks in this instance.
26. In addition the Council says Mrs X’s housing association is the lead administrator for her transfer application and remains her point of contact. It says the housing association is responsible for providing updates on her application status.

Analysis

27. The Ombudsman does not act as an appeal body. It is not the Ombudsman’s role to decide Mrs X’s priority on the housing register or the size of property she is eligible for; that is the Council’s job. 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/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
28. Although Mrs X does not meet the local connection criteria, the Council agreed several years ago that she could remain on the housing register. This was on the basis Mrs X would receive only one offer and could bid on one bedroom properties.
29. Any requests to amend Mrs X’s application would need to be made and considered in line with the Council’s allocation policy. The policy is clear that applicants can only bid for a property with an extra bedroom if this has been recommended by its Medical Advisors.
30. The housing association appears to have amended Mrs X’s application based on a letter from her GP. This may be possible under the housing association’s own policy and procedures but it is not permitted by the Council’s allocation policy. The Council correctly required Mrs X to complete a change of circumstances form and to provide evidence of the need to receive care in the borough.
31. The Council then arranged for this to be assessed by its Medical Advisors. This is in line with the allocation policy and is not fault.
32. Mrs X is unhappy the Council moved her application to Band 4 and suspended her bidding while it validated her change of circumstances. This meant Mrs X was unable to bid on properties for three weeks. Mrs X says she was not aware her application had been reactivated in December 2025. I recognise this is frustrating for Mrs X, however as Mrs X had only bid on one property each year in 2023, 2024 and 2025, I do not consider she was disadvantaged by this suspension.
33. The allocation policy also sets out the procedure for verify applications and confirms it will not make any offers of accommodation until it has verified the required information.
34. If Mrs X disagrees with the Council’s decision on her eligibility for a two bedroom property she can request a review as set out in the allocation policy.

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Decision

35. I find no fault.

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Investigator's decision on behalf of the Ombudsman