Summary: The Council delayed assessing Miss B’s housing application after she told the Council that her circumstances had changed. The apology the Council has already given to Miss B is sufficient to remedy her injustice.

The complaint

1. Miss B complains that the Council delayed assessing her housing application and then did not give her enough housing priority. She says that she and her children are living in overcrowded accommodation which is affected by damp and mould and they would have been able to move by now if there had been no fault by the Council.

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What I have and have not investigated

2. I have investigated Miss B’s complaints about her housing application. For the reasons explained in paragraph four, I have not investigated Miss B’s complaints about damp and mould. The Housing Ombudsman can investigate complaints about this.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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

6. I have:
• considered the complaint and the documents provided by the complainant;
• considered the 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

The Council’s housing allocations schemes

7. The scheme introduced in January 2023 places applicants in a priority band from Band A (highest priority) to Band D (lowest priority). It says Band B will be awarded where the applicant needs to move on medical grounds.
8. The previous scheme placed applicants in a priority band from Band 1 (highest priority) to Band 4 (lowest priority). It awarded Band 2 where an applicant’s medical or disability needs meant their housing was unsuitable. It awarded Band 3 where the applicant’s household was lacking one bedroom.
9. In both schemes, the award date is the date on which a higher priority band applied. It is used to prioritise between applications within the same band.

Overview

10. Miss B was offered an introductory tenancy of a three-bedroom property and her tenancy commenced in November 2020. An introductory tenancy is a trial tenancy granted to a new tenant that allows the Council to decide if they are a suitable tenant. Miss B has since become a secure tenant.
11. Miss B made a new housing application and in November 2021, she was awarded Band 3 for overcrowding because she is short of one bedroom. She is eligible to bid on four-bedroom properties.
12. Miss B submitted a change of circumstances form in May 2022 which was assessed in October 2022. She was again awarded Band 3 for overcrowding. The Council asked Miss B to provide evidence to support her claim that her accommodation was affecting her health.
13. Miss B provided medical evidence in March and April 2023. The Council then assessed Miss B’s application in June 2023. It awarded Band B for medical needs and Band C for overcrowding.

Analysis

14. We consider councils should assess change of circumstances forms within four to six weeks. Miss B submitted a form on 24 May 2022 and so it should have been assessed by 5 July 2022. The Council did not assess Miss B’s application until 7 October 2022. This delay was fault.
15. When the Council assessed Miss B’s change of circumstances, it decided she should remain in Band 3. I have found no evidence of fault in the way it reached this decision.
16. Miss B submitted another change of circumstances form on 2 March 2023 with supporting medical evidence. She then submitted further medical evidence on 19 April 2023 which was assessed on 7 June 2023.
17. I do not consider Miss B would have been awarded Band B much sooner if there had been no delays in this case. This is because the medical evidence which showed Miss B needed to move on medical grounds was not submitted until April 2023, and it related to a recently diagnosed medical condition.
18. The Council’s delays in this case will have caused Miss B some frustration. I consider the apology the Council has already given to Miss B is an appropriate remedy for this.

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Final decision

19. I have completed my investigation and uphold Miss B’s complaint. There was fault by the Council which caused injustice. The apology already given by the Council is sufficient to remedy Miss B’s injustice.

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Investigator's decision on behalf of the Ombudsman