Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for a two bedroom home via the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X complains the Council will not register her for a two bedroom home as part of her housing application. Ms X says the Council is forcing her to choose between her child and her health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the complaint correspondence, medical evidence, review response and the allocations policy. I also considered our Assessment Code.

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My assessment

4. Ms X is on the housing register and is registered for a one bedroom property. She currently lives in a two bedroom property but needs to move for health reasons.
5. Ms X has a child who lives with her for part of the time; the child lives with their father for the rest of the time. There is a court order which says the child shall live with Ms X for three out of every four weekends and for half of the holidays. Ms X says the child sometimes stays for a day during the week.
6. Ms X says she needs a two bedroom home so her child can have somewhere to sleep and do homework. She says her child needs a normal life and should not be penalised because their parents are separated. Ms X says her health will deteriorate if her child cannot stay and have a normal life. Ms X submitted medical evidence supporting her request for a two bedroom home. Ms X says the Council should treat her case as exceptional and award another bedroom.
7. The Council considered her request but confirmed a one bedroom need. It referred to the allocation policy which says that children who live part time with the applicant and part time elsewhere will not be counted as part of the applicant’s household; as such Ms X has a one bedroom need as a single household.
8. The Council considered whether to treat Ms X’s application as an exception. It considered the supporting medical evidence. It also noted that her child can stay with Ms X in a one bedroom home and many separated parents have a child to stay in a one bedroom property. The Council noted there are many families living in one bedroom properties who are overcrowded and face a wait of many years before getting a two bedroom home. The Council said it had to consider Ms X’s circumstances and those of other applicants. The Council decided that Ms X’s position is not exceptional enough to be treated as an exception and given a two bedroom award. Ms X remains on the housing register and is eligible for a one bedroom home.
9. I understand why Ms X wants a two bedroom property and she has clearly explained why this is important to her family and health. However, I will not investigate this complaint because there is insufficient evidence of fault by the Council. The decision to make Ms X eligible for a one bedroom home reflects the policy. Further, the Council considered whether to treat Ms X as an exception but decided not to. I appreciate Ms X says there are good reasons for the Council to treat her application as exceptional but, having considered all the evidence, the Council was allowed to decide not to do so.
10. We do not act as an appeal body and is not my role to re-make the decision or decide if Ms X is eligible for a two bedroom home. I can only consider if there was fault in the way the Council made the decision and I see no suggestion of fault. The Council considered Ms X’s submission and evidence, assessed those points against the policy, and considered whether to exercise discretion. There is nothing to suggest fault in the way the Council assessed the application so there is no reason to start an investigation.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman