The Ombudsman's final decision
Summary: The Council delayed carrying out a review of its housing priority decision and failed to consider whether Mrs B’s household had a medical need for an additional bedroom. The Council has agreed to apologise and make a symbolic payment to Mrs B. It has also agreed to make service improvements.
The complaint
Mrs B complains that the Council did not give her sufficient housing priority on its housing register, and would only allow her to bid on three bedroom properties when she needs a four bedroom property.
Mrs B says that as a result of the Council’s failings, her family is continuing to live in severely overcrowded conditions which is affecting all of her family, and in particular her two sons who need more space for medical reasons.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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)
What I have and have not investigated As explained in paragraph three, we will not usually investigate matters that a complainant has been aware of for more than 12 months. I have not investigated Mrs B’s complaints about the Council’s housing decisions before January 2023 because I consider it would have been reasonable for Mrs B to complain to us sooner.
How I considered this complaint
I have: considered the complaint and the documents provided by the complainant; discussed the issues with the complainant; 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 scheme introduced in January 2023 places applicants in a priority band from Band A (highest priority) to Band D (lowest priority). It places applicants in Band C when the applicant’s household is lacking one bedroom.
The previous scheme awarded Band 3 in the same circumstances. It placed applicants in a priority band from Band 1 (highest priority) to Band 4 (lowest priority).
The current scheme awards Band B or Band C when a member of the applicant’s household needs to move on medical grounds. Band A is awarded when a member of the household has a terminal of life-threatening medical condition.
The award date is the date the applicant is accepted into their current housing Band, with earlier dates taking priority over later dates. Where two or more applicants still have the same priority, then priority is given to the applicant with the earlier registration date.
Applicants have the right to request a review of a council’s decision. Government guidance suggests eight weeks as a reasonable timescale for completing reviews.
Key events Mrs B lives with her husband and their four children in a two-bedroom flat. They joined the Council’s housing register in July 2020. The Council gave Mrs B a Band 3 overcrowding award because the family was lacking one bedroom.
Mrs B then applied to the Council for a medical award. She provided supporting medical evidence to show that the accommodation was affecting her son’s health and they needed a four-bedroom property so her son could have his own space. In November 2021, the Council decided not to award medical priority. Mrs B remained in Band C with a three-bedroom need.
In January 2023, the Council introduced a new housing allocations scheme. It wrote to Mrs B to say she had moved from Band 3 to Band C.
Mrs B requested a review of the decision. She explained how the accommodation was affecting both of her sons’ health and restricting their development.
The Council considered Mrs B’s review in November 2023. It overturned the original decision to award Band C and gave Mrs B a Band B medical award. Her bedroom need did not change and so she could only bid on three-bedroom properties.
After Mrs B approached the Ombudsman, the Council reviewed its decision again. It decided that Mrs B needs a four-bedroom property.
Analysis Government guidance suggests eight weeks as a reasonable timescale for completing reviews. Mrs B requested the review on 4 February 2023 and it was completed on 1 November 2023, over 38 weeks later. This delay was fault.
If the Council had carried out the review without delay, Mrs B would have been awarded Band B by 1 April 2023, which is eight weeks after she requested the review. I consider the Council should backdate Mrs B’s award date from 1 November 2023 to 1 April 2023.
The Council’s housing allocations scheme says that applicants are only given a Band A medical award if they have a terminal or life-threatening condition, which Mrs B’s sons do not have. I have found no evidence of fault in the way the Council decided to award Band B.
Mrs B has submitted several letters from healthcare professionals setting out why they consider Mrs B’s sons require their own bedrooms for medical reasons. The Council failed to consider whether Mrs B needed an additional bedroom when it reviewed its decision in November 2023. This was fault.
I consider the Council’s failings caused Mrs B frustration and she missed the opportunity to bid on four-bedroom properties between April 2023 and May 2024. However, after considering information on the Council’s website, I do not consider Mrs B missed out on any properties.
Agreed action
Within four weeks of my final decision, the Council will take the following actions: Apologise to Mrs B for the failings identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance when making the apology.
Make a symbolic payment of £350 to Mrs B to recognise the distress and frustration she experienced as a result of the failings identified in this case.
Change Mrs B’s award date to 1 April 2023.
The Council recently provided us with its updated action plan which shows the action it is taking to reduce delays in processing housing applications and reviews, which we are continuing to monitor.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I have completed my investigation and uphold Mrs B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.
Investigator's decision on behalf of the Ombudsman