Summary: Miss X complained the Council placed her in housing application band C. She said being in band C meant she would not get a two-bedroom property she needs. Miss X has complained to the Council since the birth of her second child in 2020. She said her property is overcrowded and causing her distress. There was fault in the way the Council did not respond to Miss X, but this did not alter the decision the Council made. Miss X did not suffer any injustice because of this fault.

The complaint

1. Miss X complained the Council placed her in housing application band C. She said being in band C meant she would not get a two-bedroom property she needs. Miss X has complained to the Council since the birth of her second child in 2020. She said her property is overcrowded and causing her distress.

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What I have investigated

2. I have investigated Miss X’s complaint from January 2022. I reference matters before this date for context. The final section of this statement contains my reasons for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

3. 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)
4. If we are satisfied with a Council’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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I read Miss X’s complaint and spoke to her about it on the phone.
7. I considered information provided by Mr X and the Council.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

9. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. (Housing Act 1996, section 166A(1) & (14))

• An allocations scheme must give reasonable preference to applicants in the following categories:

• homeless people;
• people in insanitary, overcrowded or unsatisfactory housing;
• people who need to move on medical or welfare grounds;

10. people who need to move to avoid hardship to themselves or others;
    (Housing Act 1996, section 166A(3))
11. The Ombudsman may not find fault with a Council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
    
    The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. He may not find fault with a Council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
12. The Council has published its housing policy. One adult with two children of the same sex would require a two-bedroom property. The Council stated if households are overcrowded by one bedroom less than they are entitled to, they are adequately housed, due to demand for properties in the area.

What happened

13. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
14. Miss X lives in a one-bedroom Council flat with her two children. Miss X applied to join the housing register in 2017. The Council assessed her as a band C applicant.
15. In December 2020, Miss X wrote to the Council following the birth of her second child to request a higher banding now three people lived in the one-bedroom flat. The Council responded to inform Miss X all properties were allocated and advised her to fill out a change of circumstances form. Miss X completed the form and submitted it to the Council in April 2021. I have not seen evidence this form was acknowledged.
16. Miss X complained to the Council in July 2022. She complained she was overcrowded.
17. The Council responded and advised Miss X to continue to bid for properties. It explained the high number of people looking for properties and it had limited availability of homes. The Council said it had not received a change of circumstances form and provided Miss X with a new form to complete.
18. Miss X provided a completed change of circumstances form and requested the Council escalate her complaint to stage two in August 2022.
19. The Council responded with its stage two response in November 2022. The response repeated Miss X was assessed as being in band C. The Council advised when it received the change of circumstances form, it would consider the information and write to her if the banding changed.
20. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to move her to a two-bedroom property.
21. In response to my enquiries the Council stated households that have one bedroom less than their banding suggested were adequately housed due to the availability of homes. The Council accepted it did not respond to the change of circumstances form sent in July 2022 and apologised for this. It confirmed it would update Miss X’s application and review the case. However, given the ages and gender of her children, Miss X would still be a band C, so would still be overcrowded by one room, in accordance with its policy.

My findings

22. The Council has followed its policy. The Council has assessed Miss X as a band C and requiring a two bedroom property. The policy confirmed a person who is overcrowded by one bedroom, which Miss X is, is adequately housed due to the pressures on the Council to provide properties.
23. The Ombudsman does not act as an appeal body. It is not the Ombudsman’s role to decide what level of priority Miss X should have. It is the Council’s responsibility to make a banding decision. We can only consider whether a Council assessed the application correctly. We cannot criticise a Council when it has followed the correct procedures and reached a reasoned decision.
24. Miss X disagreed with the Council’s decision, but I am satisfied the Council considered the information and made an appropriate decision. I do not find fault with the Council’s actions.
25. The Council did not respond to Miss X’s change of circumstances form in July 2020. This is fault but this has not affected Miss X’s housing banding, so she did not suffer any injustice from this fault.

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Final decision

26. I have completed my investigation. I have found fault by the Council, but this fault did not cause Miss X an injustice.

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Parts of the complaint that I did not investigate

27. I have not investigated matters prior to January 2022 as there is no good reason Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman