The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the outcome of his housing register application. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council had not awarded the correct number of bedrooms to his housing register application. He said his partner and child needed a three-bedroom house because of his partner’s health needs. He said the Council’s decision to only award a two-bedroom house would affect the health and safety of the family. He wants the Council to review its decision.
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 or continue 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council previously assessed Mr X and his family as needing a three-bedroom property. In December 2024, Mr X updated his housing register application by submitting a change of circumstances form to the Council. He said he needed a three- or four-bedroom home based on the family’s health needs. The Council reassessed his application. It decided that as two adults with one child, the family needed a two-bedroom property.
Mr X appealed that decision. He said he could not share a bedroom with his partner because her behaviour at night left him at risk of injury. The Council considered the evidence provided by Mr X. It also sought advice from its medical advisor. The Council did not uphold the appeal. It said there was no medical evidence stating Mr X could not share a bedroom with his partner. The Council explained Mr X’s banding priority had also reduced, as the family were only overcrowded by one-bedroom. As Mr X had also reported concerns with the condition of the property, the Council told him he would need to report any disrepair to his landlord.
Although Mr X is unhappy with the Council’s decision to reduce his banding we will not investigate. The Council has considered all relevant information and made its decision in line with its allocations. There is not enough evidence of fault to justify our involvement. It has correctly directed Mr X to his landlord to report any disrepair concerns.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman