Summary: We will not investigate this complaint about the Council’s assessment of the complainant’s housing application and banding. Any injustice is not significant enough to justify our involvement. Some parts of the complaint are also late and there is no good reason for the delay.

The complaint

1. Ms X complains the Council has not transferred her to another property despite years of overcrowding, medical issues and property disrepair. She says the family is living in overcrowded accommodation with no communal or safe living space, as the living room has been converted into a bedroom. She says this has adversely affected her children's neurological and medical conditions, and that her daughter has also been subjected to threats.

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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:

• any injustice is not significant enough to justify our involvement or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says the Council failed to properly consider her housing circumstances, including overcrowding and the medical needs of her household. She says her current accommodation is unsuitable and that she should have been awarded a higher banding priority on the housing register. She also complains the Council did not act on medical information she submitted in support of her application
9. We will not investigate issues from May 2024 regarding Ms X’s complaint around overcrowding concerns and housing register position. Ms X did not bring this matter to us until around two years later. I have seen no good reason for this delay. For that reason, I do not consider it appropriate to exercise discretion to investigate the matters addressed in the 2024 complaint response.
10. The Council later received medical information in November 2025 but did not act on it at the time. The Council acknowledged this failing through its complaint process and apologised. It also confirmed that if additional priority had been awarded following reassessment, the award would have been backdated to the date of the medical application in accordance with its allocations policy.
11. The Council then completed a medical assessment in June 2026. The decision letter shows it considered the medical evidence provided, referred the information to independent medical advisers, and assessed the application against the medical priority provisions within its allocations policy. The Council concluded the household did not qualify for additional medical priority and that the principal issue was overcrowding. It therefore decided the Ms X should remain in Band C. The Council also provided review rights if she disagreed with the decision.
12. While there was delay in considering the medical information, the Council acknowledged and apologised. It also ensured any successful award would have been backdated and ultimately concluded that no additional medical priority was due. There is not enough remaining injustice for us to investigate.
13. We will not investigate a complaint about the June 2026 decision as Ms X has a right to seek a review that is reasonable for her to use. And any complaint about this decision was premature at the time Ms X contacted us.
14. Ms X says the Council has not transferred her to another property despite years of overcrowding, medical issues and disrepair at the property. Complaints about the management of social housing, including transfer requests made to the Council in its capacity as a social landlord, and the condition or repair of social housing properties fall outside the Ombudsman's jurisdiction. Such matters are for the Housing Ombudsman

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Final decision

15. We will not investigate Ms X’s complaint. Any injustice is not significant enough to justify our involvement. Some parts of the complaint are late and there is no good reason for the delay.

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Investigator's decision on behalf of the Ombudsman