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, complains about her priority on the housing register and her need for a larger home. She also wants a garden and says the Council has not considered her medical evidence.
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 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 Mrs X and the Council. This includes the complaint correspondence and the medical evidence. I also considered Mrs X’s previous complaint to us and our Assessment Code.
My assessment
In 2023 Mrs X complained to us about her priority on the housing register. In March 2023 We found nothing to suggest fault in the way the Council decided not to award medical priority and to place Mrs X in the standard band. We also explained why Mrs X does not qualify for a garden. The standard band is for applicants who have no priority on the housing register.
Mrs X complained to us in April 2024 about the same issues. She says she needs a larger home and she referred to her child’s health issues.
Mrs X lives in a two bedroom flat with her partner and child. In 2024 the Council explained she qualifies for the standard band because she is adequately housed and has no housing need. This is because she needs a two bedroom home and lives in a two bedroom home. The Council said that previous reviews had found her banding to be correct.
I have considered events since our last decision and there is nothing to suggest fault. Mrs X remains in a two bedroom flat and has a two bedroom need. I appreciate Mrs X would like a larger home but the Council correctly assessed her as having a two bedroom need and she lives in a two bedroom property. Further, we explained in 2023 why she cannot be registered for a property with a garden.
I have considered the information Mrs X has provided to the Council since March 2023. Mrs X has not presented anything new but has repeated points she made about why she needs a larger home; the medical evidence she submitted does not comment on her housing conditions. There is nothing new since March 2023 to suggest Mrs X qualifies for more priority or to indicate we need to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman