Summary: Miss C complained the Council failed to properly assess her housing priority or communicate with her properly about her housing situation. Miss C said this resulted in her living in overcrowded and unsuitable accommodation for longer than necessary and she was no longer able to care for her mother at home. We have found fault in the Council’s complaint handling but consider the apology and payment already offered provides a suitable remedy.

The complaint

1. The complainant, whom I shall refer to as Miss C, complains the Council failed to properly assess her housing priority. Miss C also complains the Council failed to communicate with her about her housing situation, provided conflicting information and failed to address her complaint properly.
2. Miss C says because of the Council’s fault she has been living in overcrowded and unsuitable accommodation for longer than necessary. Miss C also says she was no longer able to care for her mother at home as the property was assessed as being unsuitable which led to her mother moving into a care home. Miss C says this has caused her mother distress and has also affected her own health and well-being.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)
6. 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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What I have and have not investigated

7. I have investigated Miss C’s complaint about the Council’s assessment of her housing priority and communication from June 2022. I have not investigated earlier events including Miss C’s original housing register application and subsequent priority awards as she could have complained about them earlier. This is a late complaint and there is not enough reason to accept those earlier parts of it for investigation now.

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How I considered this complaint

8. I read the papers provided by Miss C and discussed the complaint with her. I have also considered information from the Council. I have explained my draft decision to Miss C and the Council and provided an opportunity for comment.

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What I found

Background and legislation

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))
10. 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;
• people who need to move to avoid hardship to themselves or others;
  (Housing Act 1996, section 166A(3))

Key events

11. Miss C lives in a privately rented two bedroom house with her two children and her mother. Miss C’s mother is currently living at a care home following a hospital discharge in March 2023.
12. Miss C is registered on the Council’s housing register and able to bid for four bedroom properties. The original application was registered for three bedrooms for Miss C, her mother and two children. This was changed in 2019 when one of Miss C’s children reached ten years old and became eligible for a separate bedroom. Miss C’s application was awarded priority for overcrowding in 2010 and on medical/welfare grounds in 2019. For the reasons explained above, these events have not formed part of my investigation but are included to provide context.
13. The Council has explained that it has an acute and longstanding shortage of four bedroom properties. The Council has confirmed that no four bedroom properties had been advertised for bidding during the period June 2022 to December 2023.
14. Miss C contacted the Council at the end of May 2022 about a recent diagnosis received by her mother. The Council provided information about seeking a care assessment and to revert once this had been completed. Miss C was seeking a larger property of any size as she understood there were very few four bedroomed properties. The Council explained it could only consider Miss C and her household for four bedroomed properties under its housing allocation policy.
15. The Council’s allocation policy provides that an applicant can only include in the application people who normally live with them (or might reasonably be expected to reside with them) as a member of their household. This would usually mean members of the applicant’s family including partners, children and parents.
16. The policy also sets out the criteria for the number of bedrooms required. Miss C and her mother would each require their own bedroom as would Miss C’s older child under the Council’s allocation policy resulting in a requirement for a four bedroom property.
17. The Council’s policy also sets out that “applicants for larger homes (four bedrooms or more) should be aware that the Council has very few larger family homes and applications for such property may result in a very long wait, or the possibility that the Council will be unable to assist.”
18. Miss C contacted the Council in October 2022 to say her mother had now been assessed with advice that the stairs and bathroom in their current property were an issue. The Council would consider the assessment in relation to Miss C’s housing register application but advised that as a four bedroomed property was needed and this was not available re-housing would take a long time. The Council suggested Miss C consider the possibility of renting privately and provided information about Discretionary Housing Payment (DHP).
19. There followed email correspondence during October about the possibility of a three bedroomed property and the Council advised its policy did not allow consideration for a three bedroomed property. The Council also confirmed Miss C would need to contact its Adult Social Care team about the timescales on any adaptations that might be provided for her mother.
20. Miss C complained towards the end of October. The Council responded to Miss C’s complaint at the end of October. This confirmed the position the Council had already set out to Miss C about her housing situation and reiterating the possibility of separate re-housing for her mother was something she needed to discuss with Adult Socia Care.
21. Miss C contacted the Council in response to its complaint reply at the end of October. The Council provided further advice and explained there were limited options available.
22. Miss C’s MP contacted the Council on her behalf in January 2023. The Council provided a response which set out the lack of options available to help Miss C and that the Council could not advise about the re-housing possibilities for Miss C’s mother because of her care support need which was a matter for Adult Social Care.
23. There followed further contact during February and March. The Council confirmed towards the end of March that Adult Social Care were due to review her mother’s situation and would provide an update when that was completed.
24. The Council received an occupational therapy (OT) report towards the end of March. This recommended a four bedroom property on one level or a house with a through floor lift as a stair lift adaptation was not considered a safe option and a level access shower. The report noted major adaptations had been previously discussed and declined as rehousing was the preferred choice. The Council noted it had no ground floor four bedroomed flats and only a small number of houses but none were available. The Council further noted an adapted property would be even more difficult to offer than a general needs vacancy.
25. Miss C contacted the Council in response to the above to explain the distress being caused about the issues in her mother being able to return home. The Council replied to say it was still waiting for an update from Adult Social Care once they had completed their review but it had no control over the shortage of four bedroomed properties.
26. The Council completed an assessment towards the end of April. This concluded Miss C’s mother had eligible needs and her home environment put her at risk of falling down the steep stairs in the property due to the small landing. It recommended Miss C’s mother remain at the care home to receive support with her care needs and to mitigate the risks of falls and overcrowding in her daughter’s house until other accommodation could be arranged.
27. Miss C confirmed in early May that it was her mother’s wish to return home and asked to escalate her complaint. Miss C contacted the Council several times during June about the failure to provide a reply to her complaint. The Council provided a reply towards the end of July and apologised for the delay and offered £150 for its poor service in relation to Miss C’s complaint. The Council reiterated the limited availability of properties significantly impacted the ability to offer a housing solution for all the household that met the stated needs of Miss C’s mother.
28. In response to the Ombudsman’s enquiries the Council sought a further re-assessment of the needs of Miss C’s mother and if it was possible for her to return home as per the wish of the family. This was completed towards the end of December. This made clear Miss C’s mother preference was to return home to live with her daughter and grandchildren but the previously identified risks remained.

My analysis

29. The Ombudsman may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. The Ombudsman also recognises that the demand for social housing far outstrips the supply of properties in many areas. She 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.
30. Based on the information provided, I have found no fault during the period of my investigation in how the Council has applied its allocation policy to Miss C’s circumstances. The Council has been clear from the outset about the impact of the limited supply of four bedroom properties. Miss C is understandably frustrated about the time she has been waiting for a four bedroom property to meet her household’s needs but this is not due to fault by the Council. It is the result of the short supply of four bedroom social housing and other applicants with the same or higher priority who have been waiting longer than Miss C.
31. I have noted the Council has accepted fault in the way it responded to Miss C’s complaint. I consider the apology it has already provided and offer of £150 would be a reasonable and proportionate way to remedy this element of the complaint and the Ombudsman would not seek more.

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Final decision

32. I have completed my investigation as I have found fault by the Council but consider the action it had already proposed provides a suitable remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman