The Ombudsman's final decision
Summary: We did not find fault with the way the Council assessed Miss X’s housing application. It applied its housing allocations policy.
The complaint
Miss X complained about the Council’s decision not to allow her to join its housing register. She said the Council failed to properly consider the medical evidence she provided to make its decision.
She said it affected their health and caused her distress. Miss X wanted the Council to allow her to join the register on exceptional medical grounds.
The Ombudsman’s role and powers
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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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(i), as amended)
How I considered this complaint
I spoke to Miss X and considered the information she provided with her complaint. I considered the information from the Council with its allocations scheme, relevant law and guidance.
Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Law and guidance Allocations 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)) The Localism Act 2011 introduced new freedoms to allow councils to better manage their waiting list and to tailor their allocation priorities to meet local needs.
An allocations scheme must give reasonable preference to applicants in the following categories: homeless people; people in insanitary, overcrowded or unsatisfactory housing; people who need to move on medical or welfare grounds; people who need to move to avoid hardship to themselves or others; (Housing Act 1996, section 166A(3)) Councils must notify applicants in writing of the following decisions and give reasons: that the applicant is not eligible for an allocation; that the applicant is not a qualifying person; a decision not to award the applicant reasonable preference because of their unacceptable behaviour.
The Council must also notify the applicant of the right to request a review of these decisions. (Housing Act 1996, section 166A(9)) Housing applicants can ask the council to review a wide range of decisions about their applications, including decisions about their housing priority.
The Council’s housing allocation scheme The allocations scheme sets out how the Council allocates its social housing. The scheme is to make sure priority is given to those most in need, as defined in legislation and in accordance with local priorities. This is to ensure the Council makes the best use of its housing stock.
The Council has restricted those who can qualify to join its housing register to those who have lived in the borough continuously for the last five years. It has some exceptions to this rule.
The Council says it recognises there may be exceptional circumstances where it may need to use its discretion to resolve a housing need. It says in order to be fair to all applicants exceptional circumstances are kept to a minimum.
Its allocations scheme sets out some examples of exceptional circumstances.
What happened Miss X lives in a privately rented property with her children. Miss X and Child A have long term medical conditions that require ongoing medical support.
Miss X applied to join the Council’s housing register. In March 2022 the Council told Miss X she did not meet the criteria because: she had not lived in the borough continuously for the past five years; and she did not meet the exceptional circumstances criteria on medical grounds.
Miss X appealed the decision and made a complaint. She explained the medical reasons for her application and the evidence she had provided to support her applications. She also sent an additional letter of support from her GP that explained child A’s medical condition and the impact the current housing situation was having on them and the family.
The Council considered Miss X’s appeal and the additional information. It upheld its decision that she did not qualify to join the register. Its complaint response found no fault in the way the Council handled her case and did not uphold her complaint.
Miss X remained unhappy with the response and complained to the Ombudsman.
My findings
I did not find fault with the way the Council assessed Miss X’s housing application or considered her appeal.
We would not find fault with a council’s assessment of a housing application 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. We would not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme.
In this case Miss X was not allowed to join the housing register. The Council found she did not qualify because she had not lived in the borough continuously for the last five years or have exceptional circumstances.
To reach its decision the Council considered all the information Miss X provided with her application and appeal. It explained she did not meet the criteria to be considered an exceptional case on medical grounds because: ‘… there is no evidence that you and your children are unable to access your current property as a result of the medical conditions… your home offers security and a stable base from where you are able to access medical services that are required’ I understand Miss X does not agree with the Council’s decision but there was no fault with the way it was made. Therefore, we would not question the professional judgement of the decision maker.
The Council told Miss X she could contact the Council’s housing support team for advice if she felt her present accommodation was not suitable. This option remains open to Miss X. Miss X also has the option of speaking to her current landlord about moving to a different property.
Final decision
I did not find fault with the Council. I completed my investigation.
Investigator's decision on behalf of the Ombudsman