The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s priority on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says the Council must immediately provide him with a larger home. He says the Council ignored the evidence he submitted.
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 Mr X and the Council. This includes letters about Mr X’s banding and the evidence he submitted. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The Council’s allocation policy says that a household of two parents and two children aged under ten, have a two bedroom need.
Mr X lives in a two bedroom flat with his wife and two young children. He is in band C on the housing register and is registered for a two bedroom home. The Council placed Mr X in band C because he lives in a property above the first floor and has children. The family also has medium medical priority because Mrs X has some medical issues. Mrs X is expecting a baby in June.
Mr X asked the Council to review his banding and bedroom need. He submitted letters from the school and health visitor which said the lack of space was affecting the family and the children were waking each other up at night which was making them tired.
The Council reviewed the application but confirmed Mr X is in the correct band. The Council said he will have a three bedroom need when the baby is born and will move into band B because he will lack one bedroom. The Council said the evidence he submitted did not say there was a medical reason why the children could not share a room.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s decision to award a two bedroom need is consistent with the policy because young children are expected to share and there is nothing to suggest there is a medical reason why they cannot share. And, as the family is not currently overcrowded, band C is the correct band.
When the baby is born the family will lack one bedroom and the Council has correctly explained that Mr X will move into band B and be registered for a three bedroom home. The Council’s decision is consistent with the policy so there is no reason to start an investigation. The Council did not ignore the supporting evidence but decided it did qualify the family for additional priority.
We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
I will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman