Summary: The Council delayed reviewing its decision that Mr B did not qualify to join the housing register, and it failed to properly consider his review request. The Council has agreed to carry out another review and take action to prevent similar failings in future.

The complaint

1. Mrs X is complaining on behalf of her son, Mr B. Mrs X complains that after the Council decided that Mr B did not qualify to join the housing register, it failed to properly consider his review request, or the supporting medical evidence he provided. Mrs X says that as a result of this, Mr B continues to live in overcrowded accommodation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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)

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How I considered this complaint

• considered the complaint and the documents provided by Mrs X;
• discussed the issues with Mrs X;
• made enquiries of the Council and considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

Housing allocations

4. The Council’s Housing Allocations Scheme sets out the rules for qualifying to join the Housing Register, how applicants are prioritised and how the Council manages the allocation of available properties.
5. The scheme places applicants in a priority band from Band A (highest priority) to Band D (lowest priority). It says Band C will be awarded where the applicant’s household is lacking one bedroom.
6. Applicants whose circumstances do not warrant inclusion in any of the bands are considered to have no housing need and do not qualify to join the housing register.
7. Statutory overcrowding
8. The Housing Act says that when calculating statutory overcrowding, rooms which are less than 4.65 square metres (50 square feet) should be disregarded.

Key events and analysis

9. Mr B is living in his mother’s house, with his mother and step-father.
10. Mr B applied to join the Council’s housing register on five occasions between October 2019 and March 2022. On each occasion the Council decided that he did not qualify to join the register.
11. When completing the housing application form, applicants are required to include all members of their household, and state whether they have been included for assessment purposes only, or if they will be moving with the applicant.
12. Mr B did not include his mother or step-father in any of his applications. In his last application, he included his three children, but stated that they did not live with him and would not be moving with him.
13. The Council assessed Mr B’s last application in May 2023. The information submitted by Mr B wrongly showed that he was living on his own in a three-bedroom property. The Council decided that Mr B did not have any recognised housing need and therefore did not qualify to join the housing register. I have found no evidence of fault in the way it reached this decision.
14. Mr B asked for a review of the Council’s decision. He said that while the property was listed as having three bedrooms, one of the rooms was too small for a bed and so the property should be classed as having two bedrooms, not three. Mr B provided medical evidence to show that his step-father’s hospital consultant had recommended that his mother and step-father slept in different rooms. Mr B also explained that his children could not stay over at the house due to his step-father’s medical condition.
15. Government guidance suggests eight weeks as a reasonable timescale for completing reviews. Mr B requested the review on 6 June 2022 and it was completed on 3 November 2022. The Council took over 21 weeks to carry out the review. This delay was fault.
16. When the Council carried out the review, it explained that Mr B’s children would not be considered as part of his household for a housing needs assessment because their mother is their primary carer and her home is their primary residence.
17. The Council acknowledged that due to Mr B’s step-father’s medical issues, he was unable to share a room with Mr B’s mother. But said that as the house has three bedrooms they are not overcrowded.
18. The Council did not consider whether the property should be treated as having only two bedrooms. The Housing Act says that when calculating statutory overcrowding, rooms which are less than 4.65 square metres (50 square feet) should be disregarded. I consider the Council should have established the size of the room before reaching its decision. It did not do so; this was fault.
19. If there had been no fault in this case, the Council would have completed Mr B’s review by 1 August 2022, eight weeks after he requested a review, and it would have properly considered whether the house should be classed as having two bedrooms.
20. I consider the Council should carry out another review, after obtaining further information from Mr B about his household and the size of the bedroom. If the assessment results in the Council accepting that there are only two bedrooms and that Mr B’s mother and step-father cannot share a room, the household will be lacking one bedroom and Mr B will qualify to join the housing register.

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Agreed action

21. Within two weeks of my final decision, the Council will ask Mr B to complete a change of circumstances form with details of his household and provide evidence to show the size of the bedroom. It will then carry out a review within four weeks of receipt. If that review results in Mr B joining the housing register, the Council will backdate his housing registration date to 1 August 2022, eight weeks after he initially requested a review.
22. Within eight weeks of my final decision, the Council will provide guidance to its officers about the minimum floor area of a bedroom, to ensure rooms under this size are disregarded when calculating overcrowding.
23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. I have completed my investigation and uphold Mr B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman