Summary: We will not investigate this complaint about the Council’s decision not to add an extra room to the complainant’s home. This is because there is insufficient evidence of fault by the Council and because we cannot investigate a council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the Council’s decision not to extend her home. She says she needs another bedroom for medical reasons.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence and the social care Occupational Therapy (OT) assessment. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

Back to top

My assessment

5. Ms X lives in a two bedroom home. The property has been adapted to meet her medical needs. Ms X is on the housing register and is registered for a three bedroom property. Ms X’s daughter has mental health problems and is being affected by the lack of space in the home. The GP wrote a letter saying the daughter would struggle to cope with moving and the Council should add another room.
6. In 2018 the Council assessed Ms X’s circumstances. It did not recommend an extra room. In 2019 the Council’s housing service explained that Ms X needed to resolve the overcrowding situation through the housing register. The Council noted she had been on the housing register since 2007 but was not bidding. It said it would only adapt a property in cases of severe disability where moving would not provide a solution.
7. Ms X has continued to ask for an extra room. In 2022 the social care team did an assessment. It noted the family are overcrowded but did not recommend an extension because the need can be met by moving.
8. Ms X disagrees with the Council’s decision. She says the issue is not overcrowding but medical. She told the Council she cannot move as it would mean her daughter changing schools. She also said she had been bidding for 12 years but had not found anything suitable.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Ms X needs a larger home and the lack of space has a negative impact. But, the mechanism to deal with overcrowding is through the housing register. The Council can give extra priority to reflect both overcrowding and medical need. The Council can also give recommendations regarding the type of new property that would be suitable. Many households are in a similar situation to Ms X, with medical and overcrowding needs, and it would not be feasible for the Council to resolve all these needs by building extensions. This has to be reserved for households where an adaptation is the only option. I appreciate Ms X’s daughter may find moving hard but, equally, her well-being might improve if she moved to a larger home. We are not an appeal body and we cannot intervene because a council makes a decision that someone disagrees with.
10. I also will not investigate this complaint because some of the decisions have been made by the housing service and we have no power to investigate a council when it is acting as a landlord.

Back to top

Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot investigate a council when it is acting as a landlord.

Back to top

Investigator's decision on behalf of the Ombudsman