The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to put the complainant in band one on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains about the Council’s decision not to place him in band one on the housing register. He says the Council ignored the medical evidence and the needs of his two children. Mr X wants the Council to award band one as soon as possible.
The Ombudsman’s role and powers
We investigate 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the Council’s decisions about the banding and the medical evidence. I also considered our Assessment Code.
My assessment
Mr X lives with his partner and two sons in a two bedroom property. Normally he would have a two bedroom need but the Council accepted medical evidence which states his sons need their own rooms. Since 2018 Mr X has been in band two and registered for a three bedroom home; the Council awarded the extra bedroom based on a medical priority.
Mr X disagrees with the decision and, since 2018, has made many requests for band one. Each time the Council considered the application and the medical evidence and confirmed that band two is correct.
I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will award band two (medical) when there is evidence the family needs an extra bedroom for medical reasons. The Council accepted the medical evidence which states the family need an extra bedroom. On this basis the Council awarded band two and registered Mr X for a three bedroom home. The Council’s decision flows from the evidence and is based on the policy, so there is no reason to start an investigation.
I have considered the evidence, and the grounds for band one, and there is nothing to suggest the Council has failed to assess the application correctly or ignored the evidence. I have not seen any fault in the way the Council decided not to award band one.
I appreciate Mr X needs a larger home but we are not an appeal body. I cannot tell the Council to move Mr X to band one and it is not my role to re-make the decision. We can only intervene if there is fault in the way a council makes a decision 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