Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council refusing to change the banding of his housing application following a statutory review. He says his current home is overcrowded and in disrepair and his family suffers from medical problems. He believes the assessment is incorrect.

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The Ombudsman’s role and powers

2. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is a social housing tenant and his family share a 2-bedroom house. He says the property is severely overcrowded and that it has problems with mould due to the lack of ventilation for so many occupants. He applied to the housing register and his application was given Band C priority.
7. Mr X was dissatisfied with the banding and asked the Council to carry out a review under s.166A of the housing Act 1996. He provided medical supporting information from a health visitor. The Council carried out a review of the case. It also received reports form the social housing landlord who said that they had recently installed ventilation equipment in the loft to assist in reducing condensation as well as removing surface mould. We cannot investigate complaints by social housing tenants about disrepair in their rented homes. Mr X could make a complaint about this to the Housing Ombudsman service which is the body responsible for investigating complaints about social housing landlords by tenants.
8. The Council’s review outcome was that the current housing circumstances still only warrant Band C priority for overcrowding and some medical issues. They do not meet the higher threshold for Band B or A which is reserved for severe cases set out in the allocations policy.
9. 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. I have seen no evidence of fault which would suggest that Mr X should be placed in a higher banding. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman