The Ombudsman's final decision
Summary: We will not investigate this complaint about the housing register because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains she is in the wrong band on the housing register. She says her current housing is having a detrimental impact on the family’s health. Ms X wants to be rehoused.
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 Ms X and the Council. This includes the medical evidence and complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
Ms X is in band two on the housing register. The Council has awarded medical priority and accepts that one her children would benefit from having his own room. Ms X lives in a two bedroom property but needs three bedrooms (a room for Ms X, a room for her eldest child and a room for her two youngest children). When the youngest son becomes 10 years old Ms X will have a four bedroom need.
Ms X says she is pregnant; when the child is born she can ask the Council to reassess her application. The policy says the Council will not take babies into account until they have been born.
Ms X submitted medical evidence regarding her own health which says her current home is not meeting her needs.
The Council confirmed band two is correct and it awarded medical priority for her son because it accepts he needs his own room. It explained it places applicants in the highest band they qualify for. In this case the highest band Ms X qualifies for is band two.
I have considered the policy and there is nothing to suggest fault in the Council’s decision to place Ms X in band two. Band two is the correct band for applicants whose accommodation is having a negative impact on the health of a member of the family. The Council has decided the medical evidence does not meet the criteria for band one which is where the housing conditions have a seriously adverse effect on health.
Although Ms X has some health issues it is for the Council to assess that evidence and decide whether she qualifies for medical priority and, if so, which band. Ms X may disagree and think she should be in band one, but we are not an appeal body and it is not our role to decide which band someone should be in. We can only consider if there was fault in the way the Council assessed the application and there is no suggestion of fault. We have to no power to re-house Ms X or to tell the Council it must move her to a higher band.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman