The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council’s assessment of her housing application. She says that her son’s medical condition should make her eligible to bid for 3-bedroomed properties but the Council says she does not require separate bedrooms for her children at present.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council’s review of her application. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council for rehousing. She says her current home is too small for her family because her son has a medical condition which is affected by disturbance from sharing a bedroom with his sister. Under her current housing assessment Miss X does not qualify to bid on 3-bedroom properties because she is not lacking a bedroom under the Council’s housing allocations scheme.
Miss X asked the Council to review her application under s.166A of the Housing Act 1996 because she believed her son’s needs have been overlooked. The Council reviewed the case, which included medical evidence provided by a professional to Miss X, and the evidence of an independent housing medical advisor.
The review concluded that Miss X’s family needs do not currently meet the threshold for an additional bedroom. The Council says that when her daughter reaches age 10 she will meet overcrowding criteria under the allocations policy and she will then be eligible to bid on 3-bedroom properties.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
We may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman