The Ombudsman's final decision
Summary: We will not investigate this complaint about the size of property the complainant is registered for on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has only registered him for a two bedroom home on the housing register.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council’s allocation policy says a family which includes two daughters under 20 years of age need a two bedroom home. The Council can award an extra bedroom if it decides this is needed on health grounds.
Mr X lives with his wife and two daughters who are under 20 years of age. He lives in a three bedroom privately rented house. He is on the housing register and is registered for a two bedroom property.
Mr X asked the Council to register him for three bedrooms. He submitted medical evidence from his GP (written in Aug 2020) which says he and his daughters have asthma and his current home is unsuitable due to mould. The letter said rehousing to a three bedroom home would be advisable and a degree of social distancing is advisable in case anyone becomes ill with a virus that could potentially exacerbate their asthma. Mr X had also indicated that his eldest daughter needs her own room due to her age.
The Council reviewed Mr X’s application but confirmed the two bedroom need. It explained the room criteria as stated in the policy and, while it referred to the medical evidence, said it was not unreasonable for his daughters to share. The Council said the medical evidence did not state it was essential his daughters have separate rooms or that anyone would be at risk due to sharing.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says a family of Mr X’s composition needs a two bedroom home. The Council considered the medical evidence but decided it does not show it is essential that his daughters have their own rooms. This was a decision the Council was entitled to make. We are not an appeal body and have no power to decide if Mr X needs an extra bedroom. We can only consider if the Council considered the application correctly and there is no suggestion of fault in the way it did this.
Final decision
We will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman