The Ombudsman's final decision
Summary: There was no fault in the way the Council decided that Mrs B does not qualify to join the housing register.
The complaint
Mrs B is complaining about the Council’s decision that she does not qualify to join its housing register. She says the Council should find alternative accommodation for her daughter’s family, and when it does, her home will be under occupied. She considers she should be able to join the register so that she can start bidding for smaller properties.
What I have investigated I have investigated the Council’s decision that Mrs B does not qualify to join the housing register. The last section of this statement explains why I have not investigated the rest of Mrs B’s complaint.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 have: considered the complaint and the documents provided by the complainant; made enquiries of the Council and considered the comments and documents the Council has provided; and given the Council and the complainant the opportunity to comment on my draft decision.
What I found
Housing Allocations The Council’s housing allocations scheme sets out the rules for qualifying to join the Housing Register, how applicants are prioritised and how the Council manages the allocation of available properties.
The Council places applicants who qualify to join the housing register in a priority band from Band 1 (highest priority) to Band 4 (lowest priority). This priority is the first factor the Council uses to allocate a property.
Applicants who have been assessed as having no housing need and whose circumstances do not warrant inclusion in any of the priority bands do not qualify to join the housing register.
Band 1 is awarded where social housing tenants within the Council’s area are currently under-occupying houses and are willing to move to a smaller sized property.
The Council uses the bedroom standard to measure overcrowding levels for the purpose of awarding priority and allocating accommodation. The bedroom standard states that a separate bedroom is required for: Two persons living together with another as husband and wife A person aged 21 years or more Two persons of the same sex aged 10 years to 20 years Two persons (whether of the same sex or not) aged less than 10 years Two persons of the same sex where one person is aged between 10 years and 20 years and the other is aged less than 10 years Any person aged under 21 years in any case where he or she cannot be paired with another occupier of the dwelling.
Background and summary of events Mrs B lives in a six-bedroom housing association property which she does not consider is suitable for her family. Mrs B was on the Council’s housing register, but after she submitted a change of circumstances form, the Council decided she no longer qualified.
The change of circumstances form shows that at that time, Mrs B was living with her husband, five adult children, her son-in-law and her grandchild. However, she was only applying for housing for herself, her husband and four of their adult children. Mrs B indicated on the form that she needed housing on medical grounds and because they were overcrowded. She submitted medical evidence to support her application.
After the Council decided that Mrs B did not have a recognised housing need and did not qualify to join the housing register, Mrs B requested a review. She said that some of her children would be moving out and she wanted to downsize. She also said that she made the application before one of her daughters passed away.
When the Council reviewed its decision, it explained why it did not consider the family needed to move on medical grounds, and why it did not consider the family was overcrowded. It did not comment on Mrs B’s request to downsize. The Council upheld its decision that Mrs B did not qualify to join the housing register.
Analysis The medical evidence which Mrs B submitted to support her application did not show that her accommodation was having a detrimental impact on the health of any members of the household. I have found no evidence of fault in the way the Council decided Mrs B did not qualify for a medical award.
The Council uses the bedroom standard to measure overcrowding levels for the purpose of awarding priority and allocating accommodation. According to the information Mrs B provided on the change of circumstances form, the family was not overcrowded. I have found no evidence of fault in the way the Council decided Mrs B did not qualify for an overcrowding award.
As explained in paragraph nine, applicants qualify to join the housing register where they are currently under-occupying social housing and are willing to move to a smaller property. If they are under occupying a house or bungalow, they are awarded Band 1.
According to the information on the form, Mrs B was not under-occupying the property. However, Mrs B’s review request showed that since applying for housing, one of her daughters had passed away. Because of this, the family is now under-occupying the property.
I do not consider it was fault for the Council not to consider whether the family was under-occupying the property when it carried out the review. This is because Mrs B did not indicate on the application form or review request that she had a need for housing for this reason.
If Mrs B is willing to move to a smaller property, she may wish to consider submitting a new application, stating that she is under-occupying social housing.
Final decision
I have completed my investigation and do not uphold the complaint. There was no fault by the Council.
Parts of the complaint that I did not investigate I have not investigated Mrs B’s complaint about the Council not finding suitable housing for her daughter, son-in-law and grandchild. Mrs B can choose whether to allow them to remain living in her home. If Mrs B’s daughter considers she has not been successful in finding alternative housing because of fault by the Council, she may wish to consider making her own complaint.
Investigator's decision on behalf of the Ombudsman