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 Mrs X, says she should be in the emergency band for rehousing on the housing register.
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 Mrs X and the Council. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
Mrs X lives in a two bedroom flat with her husband and five children. The flat is on the 11th floor. Mrs X is on the housing register. She is in band B and has 245 points. The Council awarded points for lacking two bedrooms, being statutorily overcrowded, unsatisfactory housing conditions and for working. Mrs X is number 85 in the queue for a new home.
Mrs X asked the Council to increase her priority. She said it is hard to manage the stairs when the lift is not working. She said they need an extra toilet as her husband can experience urgency due to a medical condition.
The Council assessed the family’s medical needs but did not award medical priority. It said one toilet is sufficient and Mr X could use a bottle in an emergency. The Council accepted there have been some problems with the lifts but was satisfied the problems have been resolved. The Council agreed the family needs a larger home but explained this is reflected in the points. The Council said demand outweighs the supply of social housing and it is unlikely the Council would offer a new home in the foreseeable future.
Mrs X says the Council should treat them as an emergency. She says it is wrong that her teenage daughter should have to share a room with her brothers and her husband should not be expected to use a bottle.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mrs X needs a larger home but this is reflected in the points the Council awarded. The total points awarded mean that band B is correct. Mrs X does not meet any of the criteria for band A and there is no emergency band.
I have checked the points awarded and they are correct for the family’s circumstances. The Council considered the family’s request for medical priority but decided not to award medical points. I have not identified any fault in the way the Council made this decision. We are not an appeal body and cannot tell the Council to award medical points.
The Council considered the problems with the lift but, as the issues have largely been resolved, this does not affect the priority. We have no power to increase Mrs X’s points and the Council could not offer Mrs X a home in another borough as she has requested.
In response to a draft of this decision Mrs X said there are problems with mould and damp which she had not previously mentioned. Mrs X would need to report the disrepair to her landlord and ask if it affects her priority on the housing register.
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