The Ombudsman's final decision
Summary: Ms X complains about the way the Council dealt with her housing application and wish to move from her current accommodation on medical grounds impacting on her mental health. We found no evidence of fault in the way the Council considered these matters. So, we have completed our investigation.
The complaint
I have called the complainant Ms X. She complains about the way the Council dealt with her housing application and wish to move from her current accommodation on medical grounds. Ms X says the Council refused her request to increase her housing banding despite providing medical information.
Ms X says the accommodation is small and damp. This causes her, and her family health issues particularly her daughter who has asthma. Ms X considers the accommodation unsafe as it is in a communal building. This results in noise and Anti-Social Behaviour (ASB) issues which affect her mental health conditions. Ms X wants the Council to help her move to more suitable housing.
Ms X says there is another single parent in the building registered with Homechoice with the same health issues and unfit living conditions as her. The Council sent this applicant a medical form to complete and awarded them medical priority. Ms X says the Council has treated her unfairly as she lives in similar circumstances and has not been asked to complete a medical form or awarded a medical priority.
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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)
How I considered this complaint
I have read the information provided by Ms X and spoken to her about the complaint. I considered the Council’s response to Ms X’s complaint and the supporting information it provided.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
The Council’s Housing Allocations policy The Council is part of a scheme called ‘Gateway to Homechoice’ ( Homechoice) for letting social housing across eight nearby council areas. The scheme gives applicants the opportunity to bid for council and housing association properties across all council areas.
Once an applicant joins the Homechoice register their application is assessed and placed in a housing band (A to E) depending on the level of housing need according to the allocations policy. Band A applicants are considered to have critical or urgent needs. Band B applicants have serious needs, Band C a medium need for housing and Band D reduced preference. Applicants in Band E do not have a housing need. Applicants in Band E include those considered to live on a property that is adequate to meet their needs with property type, size, and facilities.
Once placed in a housing band applicants can then bid for council and housing association properties they are eligible for.
The Council will carry out a medical assessment on applicants who consider their medical condition or disability is affected by their current accommodation. The applicant needs to complete a self-assessment medical form showing the impact of their current property on their medical conditions or disability. The relevant council assesses the form and may place the applicant in a higher band depending on the impact the current accommodation is having on the medical condition.
An application can be eligible for additional priority on welfare grounds. The applicant needs to provide evidence to support the application. The relevant council will review the full situation, considering the level of vulnerability of the household members. Each case is assessed on individual circumstances. The Council uses a Welfare Panel to assess applications on welfare grounds.
Section 3.8 deal with suspensions from the register. It allows the Council to suspend an applicant’s application for 12 months if they have been successfully housed into social housing property through the Homechoice register.
Applicants have the right to ask for a review of decision made about their application for housing or offer of accommodation. This includes: decisions about refusing to allow an applicant to join the register.
removing an application from the register.
size or type of property.
assessment of Bands.
offers of housing.
The decision will be reviewed by a different officer to the one who made the original decision. If the applicant disagrees with the decision, they can request another council in the partnership hears the appeal.
Background to the complaint This section sets out the key events in this case and is not intended to be a detailed chronology.
Ms X is an applicant on the Homechoice register. In August 2019 she and her daughter moved into a two bedroomed ground floor flat after a successful bid. A housing association (HA) owns and manages the flat.
Ms X made four housing applications to the Council between October and December 2019 to be rehoused from the flat on medical grounds. Ms X referred to mental health problems, the effect of the accommodation on her and need to be near family for support. The Council assessed the applications but told Ms X her application was suspended for 12 months as she moved into social housing through the Homechoice register. The Council told Ms X she could apply for the application to become active again in August 2020.
Ms X applied to the Council again in August 2020. Ms X referred to her mental health problems and difficulty living communally with five other households. Ms X said she could not sleep or use the garden due to anxiety when other residents were there. The Council assessed the application and awarded Ms X Band E as it considered her adequately housed. The Council told Ms X she could ask for a review of the decision.
Ms X amended her housing application in October 2020. Ms X said she had a partner Mr Y, she was pregnant and referred to noise nuisance at the block of flats. The Council asked Ms X to send details about Mr Y and proof of pregnancy to verify her personal and housing circumstances. Ms X provided information about her pregnancy in December 2020.
A support agency acting for Ms X asked for a review of her banding in May 2021 due to the ASB Ms X was suffering from a resident at the building. The Council told the support agency to report the ASB to the Police and HA so it could be investigated and considered as part of a banding review by the Welfare Panel.
In July 2021 the Council asked Ms X to send in more information about why she wanted to move. Ms X sent in letters to support her wish to move. The Council said it would refer the supporting letters to a medical adviser to assess. If the medical adviser did not award any extra priority the Welfare Panel would review the case.
Ms X sent further information in September 2021 including a medical letter in support of her application. The Council’s medical adviser assessed Ms X’s application and supporting documents but did not award any medical priority. The Council told Ms X the outcome of the assessment and the Welfare Panel would consider her application to see if the additional information increased her banding.
Ms X did not send further information, so the Welfare Panel considered the information previously provided. This included the letters of support for Ms X to move from her midwife, a support agency, and some medical professionals. The letters referred to Ms X’s mental health, negative effect on to it caused by her accommodation and the small size of the flat. The letters referred to issues with her neighbour causing stress and impacting on her mental health. But Ms X felt unable to report the ASB to her landlord in case it made the situation worse.
The Welfare Panel considered Ms X’s case in October 2021. The Panel upheld the banding decision. It considered the bedroom sizes adequate according to the allocations policy and did not award further medical priority. Ms X asked for a review of the Panel’s decision which went to a partnership council to consider in line with the allocations policy.
The partnership council reviewed Ms X’s case in November 2021 and upheld the Council’s decision to place her in Band E. The partnership council explained the decision to Ms X and considered the flat a suitable size for Ms X and her two children. The council confirmed it considered Ms X’s medical form and supporting letters. But while her medical condition scored highly, she did not need a level access shower and could manage stairs. So, her overall score was low, and she did not gain an award. Ms X had not provided any supporting information from the police or her landlord about the dispute or ASB with her neighbour. Ms X had been advised to keep a log of any ASB and send it to her landlord or Police.
Ms X successfully placed a bid and was offered a new build flat. However, Ms X refused the offer because of the parking arrangements.
The Council confirms Ms X is active on the housing register in Band E and able to bid for two bedroomed properties. The Council says Homechoice and housing needs are doing all they can to support Ms X in her wish to move from her current accommodation. But she has been placed in the correct band according to its allocations policy.
The Council’s comments on the complaint Medical form The Council confirms Ms X sent supporting letters in May 2021 and a letter from her doctor in September 2021 about her medical history. The medical adviser considered the information sufficient so there was no need for Ms X to submit a medical form.
Ms X also sent the same information to the Council in March 2022, so it has not received any new information from Ms X. Neither has she advised the Council if her mental health has deteriorated further. If Ms X had submitted such medical evidence, it would have automatically triggered a further review of her case. In May 2022 the Council sent Ms X two self-assessment medical forms to complete should she have any new medical information to be considered.
Damp at the accommodation Ms X resubmitted her application for housing in October 2019 but did not indicate any issues with damp at the flat. Homechoice contacted the HA for Ms X’s tenancy start date in December 2019. The HA said Ms X reported damp at the flat and it was due to go and investigate in December 2019. Ms X confirmed this to Homechoice who advised her to submit any HA report about the accommodation so it could assess her housing circumstances further.
In January 2020 Ms X told Homechoice she was trying to get a report from the HA and referred to her photographs of conditions at the flat. But Ms X did not submit these. Homechoice told Ms X she could request a review of her application suspension and send relevant information including reports from the HA about why the flat was unsuitable for her needs. Homechoice did not receive any information from Ms X about conditions at the flat and it re-activated her application in August 2020.
In response to my enquiries on the complaint Homechoice reviewed all emails from Ms X from January 2020 and says there are no further comments or evidence about damp issues at the flat. The Council confirms Homechoice would have reviewed any evidence if submitted by Ms X. And contacted the HA to see if it had taken any works to resolve the issue and whether they considered the flat unsuitable for Ms X and her family.
Homechoice recently contacted the HA about the reported damp issue. The HA said it visited the property at the end of 2021. The HA cleaned down, sealed, and decorated two rooms. The HA confirmed it had not received any reports that mould has returned. The HA said it had not found any issues with the building which has caused the damp and mould in the property.
The Council comments that neither Ms X nor her support network have provided evidence to show the flat is in poor condition with damp and mould. While it is mainly the HA’s responsibility as her landlord to deal with the condition of the accommodation, the Council would consider any evidence about disrepair. This would be on medical, or welfare grounds as needed.
Impact on Ms X’s mental health and her daughter’s health condition Ms X resubmitted her housing application in October 2019 and referred to her need to move on medical grounds but did not give any information. Ms X updated her application twice and in December 2019 mentioned a household member had asthma but gave no further information.
In January 2020 when referring to suspending her application Ms X said her daughter had asthma and the flat was unsuitable. But again, did not submit any information or evidence. The Council processed Ms X’s application according to its allocation policy in January 2020 and suspended her application. The Council advised Ms X to report her concerns about damp to her landlord.
The Council confirms it tells applicants what information they need to submit to progress their application for a further assessment to see if it should award them priority banding. And it told Ms X of this several times from 2019 onwards but it has not been supplied.
The Council considered Ms X’s review request in May 2021 on the grounds of ASB and impact onto her mental health. It advised Ms X to reports ASB incidents to the police and HA. It would then consider any reports as part of her banding review request. The Council asked Ms X for updated information about her circumstances for the review. Ms X submitted previous information and a letter from her doctor. The Council’s medical adviser considered the information but did not award medical priority. The Welfare Panel also considered the information Ms X provided but did not award any extra priority. Neither was Ms X’s appeal to a partnership council upheld due to lack of evidence to support the issues raised.
The Council confirms it will review Ms X’s application if she sends evidence of ASB such as logs sheets for the HA and police reports she has made.
Size of accommodation Ms X’s flat is classed as ‘two bedroomed, three person’ accommodation. Ms X confirmed she was a two-person household when she bid for and accepted the tenancy. Ms X updated her application in October 2020 saying she was pregnant, and her partner moving into the flat. So, Ms X would remain as a three-person household until the child was born. The Council confirmed Ms X remained in Band E as she was adequately housed. Ms X removed her partner from the application in November 2020 thus remaining a three-person household.
Ms X made a review request of her application in May 2021 and said her partner had moved in. But did not send the verification documents requested. Ms X updated her application in July 2021 to include the new baby but removed her partner’s details. So, Ms X remained a three-person household.
The Welfare Panel considered the size of Ms X’s flat as part of her review request in 2021 as Ms X sent in bedroom measurements. The Panel concluded the bedroom sizes met the Council’s allocation policy. The decision was upheld by the partnership council who considered Ms X’s appeal.
Allegation of unfair treatment The Council confirms it deals with all applications on an individual’s circumstances with the supporting evidence provided. It dealt with Ms X’s application according to its allocations policy and procedures. It treats applicant’s individually and not influenced by another applicant’s circumstances. The Council will not discuss other people’s applications with applicants and does not advise discussing applications with other parties.
However, the Council confirms it recently awarded a higher banding on medical grounds to another applicant living near to Ms X. The applicant provided significant information about their circumstances. This included photographic evidence of the property condition which directly caused hospital admission and impact on the family’s health. This enabled Homechoice to reach a decision on the condition of the property and the family’s health.
The Council confirms Ms X has not submitted any evidence about the condition of the accommodation or how this has directly impacted onto her family’s mental or physical health.
My assessment
The evidence provided shows the Council has considered the medical information provided by Ms X when considering her application. The Council referred the information to its medical adviser to consider according to its allocations policy. The medical adviser did not assess Ms X as needing an additional award. The Council confirms it did not ask Ms X for a medical form as she provided enough information about her medical needs for the medical adviser to make a decision. The form is a self-assessment one for an applicant to complete and submit. So, it was open to Ms X to submit a form herself to the Council. There is no evidence of fault by the Council in considering Ms X’s medical information.
The Council has sent Ms X two self-assessment forms to complete if she has new information about her medical condition and those of her family.
The Council has received limited information from Ms X about the condition of her accommodation and alleged damp and mould. The documents show the Council advised Ms X to submit a review request when it suspended her application in 2020 and to send in any reports about the condition of the flat following the HA’s investigation. This was an opportunity for Ms X to have a re assessment of her application but unfortunately there is no evidence to show Ms X did so.
The Council has now received photographic evidence from Ms X showing the condition of the flat. The Council will consider this with any information provided by the HA about the condition of the accommodation. The Council will also ask its medical adviser to assess the application. The Welfare Panel will review the application further if no higher banding is awarded to Ms X’s application.
The evidence provided shows the Council considered Ms X’s concerns about the size of the flat. It confirmed the bedroom sizes comply with its allocations policy for a three-person household, which is the size of Ms X’s family. There is no evidence of fault by the Council as it considered Ms X’s comments about her accommodation. The Welfare Panel and partnership council also considered the flat to be of an adequate size for Ms X.
The documents provided also show the Council considered Ms X’s concerns about ASB at the building and its impact onto her. This was also looked at by the Welfare Panel, but it did not uphold her appeal. The Council advised Ms X on the action she should take with her landlord and to submit evidence of this so it could be considered further. There is no evidence of fault by the Council in the way it considered Ms X’s concern about the size of the flat and ASB in the building.
The Council explained why it awarded a medical priority to an applicant living near to Ms X due to the information and evidence they submitted. The Council documents show it advised Ms X of the information and evidence she needs to submit so it can consider a further assessment of her case. The Council considers each application on its merits and supporting information provided in line with its allocations policy. So, it will be for Ms X to ensure she submits the information required to enable the Council to carry out a further assessment of her circumstances.
Final decision
I am completing my investigation. I have found no evidence of fault by the Council in the way it has dealt with and considered Ms X’s application for housing.
Investigator's decision on behalf of the Ombudsman