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 Mrs X, complains the Council has not offered a property which meets her medical needs. Mrs X wants the Council to stop offering one bedroom homes.
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 Mrs X and the Council. This includes Mrs X’s housing application and medical evidence. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.
My assessment
The policy says people qualify for band one on the housing register if they live in a home that is too large. Band one is the top band. The policy also says the Council can reduce the banding to band two if the person refuses a suitable offer. If someone refuses two offers the Council can disqualify the application for 12 months. The policy says two adults living as a couple need a one bedroom home.
Mrs X lives with her husband in a two bedroom house. She applied to join the housing register. She submitted medical evidence stating she has poor sleep, due to medical problems, and this disturbs her husband and affects her mood. Mrs X asked for a two bedroom bungalow.
The Council accepted the application and placed Mrs X in band one on the housing register on the grounds that she needs to move to a smaller home. It considered her medical evidence but decided it does not show she needs an extra bedroom. The Council registered Mrs X for a one bedroom property.
The Council offered a one bedroom property. Mrs X rejected the offer so the Council moved her application to band two. The Council has recently shortlisted Mrs X in position two for a property. If the person in position one rejects the flat the Council may offer it to Mrs X.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council registered Mrs X for a one bedroom property because the policy says a couple need one bedroom. The Council considered Mrs X’s medical evidence but decided it does not show she needs an extra bedroom. Mrs X may disagree but we are not an appeal body and cannot tell the Council it must register Mrs X for a larger home. I can only consider if there was fault in the way the Council assessed the application and I see no suggestion of fault.
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