Summary: We found fault on Mrs K’s complaint about the Council failing to allow her to bid for two-bedroom properties which left her in a property which does not meet her needs. It failed to show it properly considered her evidence when reaching its decision. The agreed action remedies the injustice caused.

The complaint

1. Mrs J complained on behalf of Mrs K about the Council’s refusal to allow her to bid for two-bedroom properties under its housing allocation scheme despite a recommendation from her occupational therapist and her receiving a two-bedroom local housing allowance rate: as a result, her quality of life and mental health is affected as she remains in a privately rented property which does not meet her needs.

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The Ombudsman’s role and powers

2. 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)
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. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

5. I considered all the information Mrs J sent, as well as the Council’s response to my enquiries. I sent a copy of my draft decision to Mrs J and the Council. I considered their responses.

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What I found

Council Allocations Policy (2021)

6. Its allocation scheme consists of Cornwall Homechoice Scheme, a common housing register/assessment, and an allocation policy.

Cornwall Homechoice Scheme (2016)

7. Applicants for housing are placed in one of 5 bands from Band A (the highest) to Band E (the lowest):

• Band A: includes those on welfare grounds who were awarded ‘urgent’ priority by the Welfare Assessment Panel (the Panel).
• Band B: includes those on welfare grounds who were awarded ‘high’ priority by the Panel and for those who lack 2 or more bedrooms in their current home.
• Band C: includes those on welfare grounds who were awarded ‘medium’ priority by the Panel and for those who lack one bedroom in their current home.

8. The eligible band date for applicants will depend on the type of application and reason for the assessment. This is usually the date the application was received or where there was a change of circumstances, the date when it received notification.
9. The scheme sets out the property size entitlement for an applicant. For a single person, or a couple, this is one bedroom. For a single person, or couple with a non-dependant household member (such as a carer), this is two bedrooms.
10. The Council use its Welfare Matrix for bedroom entitlement guidance. This states an additional bedroom need may be awarded if an applicant can show, and provide evidence for, the need for one where: there is an overnight full-time live-in carer; there is a use of medical equipment which is either bulky or noisy (for example, use of 24 hour oxygen); sharing a bedroom presents a serious and mental or physical risk (for example, siblings unable to sleep in the same room).
11. It also sets out that:

• Urgent banding includes: life changing/threatening situations requiring rehousing in the very near future to prevent serious repercussions to health; hospital discharges in certain circumstances; the need for specially adapted accommodation where threatened with homelessness.
• High banding includes: housing causing high risk to physical safety and functional ability (such as frequent and unpredictable falls); layout increases risk of significant injury; preventing significant care provided by social care; where essential medical equipment cannot be accommodated in the current property.

12. An applicant can apply for a welfare need assessment where they, or someone in their household, has a medical or welfare need which makes living in their current accommodation unsuitable. Priority may be awarded on medical grounds if shown a move to alternative accommodation will benefit the health of the applicant or member of their household.
13. Once completed, a desktop assessment is then done and if it meets the minimum medium welfare criteria, it is passed for assessment by the Panel. The Panel uses the Health Risk Matrix to assess welfare. This categorises various health risks according to urgent, high, and medium risk. The welfare of all household members forms part of the assessment. The assessment is based on the impact of their current housing on that condition.
14. An applicant can also self-assess for an adapted or accessible property due to mobility.

What happened

15. Mrs K has various health conditions. She and her husband live in a two bedroom privately rented house which does not meet her disability needs and is too expensive. The property is on two levels and Mrs K has difficulty using the stairs which presents a danger to her. This is a problem as the only toilet is upstairs. Her landlord refused to allow her to make adaptations to it which would have allowed her to move round easier.
16. She joined the Council’s housing register, but it would not allow her to bid for two-bedroom properties. This was despite occupational therapists recommending she needed two bedrooms and the Department for Works and Pensions using the two-bedroom rate of Local Housing Allowance to calculate her housing benefit.
17. In April 2023, a second occupational therapist recommended a two-bedroom level access, wheelchair suitable bungalow with access to a garden for her dogs. It also needed a level access shower/wet room. This would reduce her risks of falls. The report confirmed her current accommodation was unsuitable as her medical condition impacted on her physical abilities. It noted her husband worked a shift pattern with 12 nights on and 2 nights off.
18. Mrs K had a Welfare Assessment and appealed its decision which was unsuccessful. She argued she could not share a bedroom with her husband, who was also her carer, as he has unsettled nights with her because of her health problems. This included waking him due to her involuntary leg movements. In addition, there was bulky equipment which needed storing away so she did not bump into it. She provided a list of equipment issued to her by the NHS which included stair rails/grabs, walking frames, a Zimmer frame, bath board, four-wheel walker, perching stool, and a stick.
19. She also said relatives stayed over to look after her when her husband worked nights. The second bedroom would also be used for wheelchair storage when she eventually needed one. She needed a property which was local so as to not lose her support network, and family also helped care for her when her husband was at work.
20. In January 2024, her husband changed his working shifts so he did not work nights, but this still meant he left for work before 5am and did not get home until 3pm. Mrs K goes to bed at 2am and if she cannot settle with the pain, she sleeps in the spare room to avoid disturbing him.
21. Mrs K appealed the Council’s decision to the Welfare Assessment Panel which upheld the decision to award her High priority. It confirmed she only needed a one-bedroom property.
22. The Welfare Assessment form dated January 2024 recorded the decisions on her requests. Decisions 1 and 2 stated there was no eligibility for an extra bedroom because she only had someone stay 3-4 nights a week. These decisions were before she told it of the change in circumstances. After being told of the change, the Council recorded the appeal decision the following month as Mr K did ‘not meet criteria for extra bedroom’.
23. In September, the Council wrote to Mrs K after she sent a Welfare Self-Assessment form with supporting documents. It confirmed her award of Band B, High priority (welfare) for a one-bedroom property. She has an effective date of 4 July 2022 and can bid for one-bedroom properties.
24. When reaching this decision, the Council explained it considered all the evidence she sent. It considered the problem with the unsettled nights could be resolved by single beds. It also considered her husband no longer worked night shifts which removed the need for relatives to stay overnight. It did not consider the equipment she had as noisy or bulky.
25. The Council confirmed there were 10 one-bedroom properties let in her local area since April 2022. These were bungalows or ground floor flats. It would encourage her to look at the availability in the private market.

My findings

26. I found fault on this complaint for the following reasons:
1. I considered decisions 1 and 2 the Council made before she told it of her change of circumstances and decision 3, which was made after being told.
2. There was fault with the decisions 1 and 2. Both decisions assessed her as having High needs under its welfare matrix and awarded her Band B. It decided she only needed one bedroom. Both agreed there was only a need for one bedroom. The reasons given were her only having someone staying over 3-4 nights a week.
3. While it said in its response to my enquiries, she could resolve the problem of sharing a bedroom and disturbing her husband’s sleep by using separate beds, there was no evidence this was considered at the time. Nor was there evidence of the Council assessing whether the bedroom could physically accommodate two separate beds with space to spare for Mrs K to navigate round the room, for example.
4. The evidence does not show it considered whether the equipment she disclosed was bulky. There was nothing to show the Council considered her claim about needing the room for bulky medical equipment. Nor was there any evidence to show the Council considered whether sharing a bedroom presented a serious and mental or physical risk.
5. Decision 3 was made after Mrs K provided the Council with an update about her circumstances. This again decided she did not meet the criteria for an extra bedroom. It gave no reasons in support of this conclusion. While her husband’s working pattern had now changed, so he no longer worked nights, which meant there were no relatives staying over, the decision failed to explain it had considered this. Nor did the decision show it considered her claim about bulky equipment.
6. The evidence does not show the Council considered Mrs K’s evidence sent about the DWP using two bedrooms for its calculations or the recommendations made by the occupational therapist reports.
7. On balance, therefore, I am not satisfied the Council properly considered all the evidence when it reached its decisions on her request for accommodation with an extra bedroom.
8. I am satisfied this caused her distress as she has the uncertainty of not knowing whether the decision would have been any different had it properly considered it.

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Agreed action

27. I considered our guidance on remedies.
28. The Council agreed to carry out the following action within four weeks of the final decision on this complaint:
1. Send a written apology to Mrs K for its failure to: give reasons in support of its decisions about bedroom entitlement; show it considered all the evidence she sent in support of her request to be allowed to bid for two bedroom properties.
2. Pay £100 to Mrs K for the distress the identified fault found.
3. Review all the evidence Mrs K sent and make a fresh reasoned decision on her request for a two-bedroom showing it took account of all relevant evidence she provided in support.
4. Remind all relevant staff involved with the making of decisions about bedroom entitlement of the need to i) give reasons in support of its decisions and ii) show they considered all relevant evidence against the requirements of its policy.
29. The Council should provide us with evidence it has complied with the above actions.

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Final decision

30. I found fault on the complaint made by Mrs J on behalf of Mrs K. The agreed action remedies the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman