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Annual Report of the Ombudsman 2004

Chapter 3 - Tipperary Town Council - Housing Application Refused

Tipperary Town Council

Housing Application Refused

A single man complained to me that he had been refused housing by Tipperary Town Council.

When I took up the matter with the Council it advised me that it was not in a position to provide housing for single people because the demand for housing from families, lone parents and elderly people constantly exceeded the Council’s available housing units. In this regard, the Council indicated that it did not include young, single people with no dependants on its approved Housing List.

I was not happy with this situation. I drew the Council’s attention to the fact that it had a statutory duty to provide housing accommodation to persons in its administrative area who are (a) in need of accommodation and (b) unable to provide such accommodation from their own resources. This is provided for in Section 60(3)(c) of the Housing Act, 1966. From my examination of the relevant legislation, I took the view that anyone qualifying under the above criteria, having first been assessed and approved by the Medical Officer, is then eligible, having regard to the Council’s Scheme of Letting Priorities, to be placed on the Council’s approved Housing List.

In this particular case, the young man

• had applied for housing,
• was assessed by the Medical Officer,
• was deemed to be in need of housing,

and

• was recommended for re-housing.

Following this, all things being equal, I tended to the view that the young man should have been placed on the Council’s Housing List and in accordance with the Council’s Scheme of Letting Priorities, in a manner similar to all other housing applicants.

I was not happy that the Council had adopted a policy of refusing to place single people with no dependants on its approved Housing List. It appeared to me that this policy was unfair and may also be contrary to the provisions of the Equal Status Act, 2000.

I am of the view that it should be the aim of a Council’s Scheme of Letting Priorities to promote equality of opportunity in getting access to local authority housing, based on relative housing needs. I consider that a Council’s available housing stock should be let to the person in greatest need and no category of needy person, for example, single people without dependants, should be excluded from consideration for housing, thereby leaving them at a permanent disadvantage vis-à-vis other categories. By excluding single persons with no dependants from placement on the Council’s Housing List, it puts them at such a disadvantage.

In the circumstances, I asked the Council to review its handling of the case, and other similar cases. In response the Council, along with the South Tipperary Group of Local Authorities, adopted a new housing policy in relation to lone applicants. It confirmed that all single applicants, with no dependants, who had applied for housing to the Council would be reviewed. In addition, it agreed to review its current house building programme to accommodate such lone applicants. Subsequently, the Council advised me that the young man in question had been approved for housing in a one bedroom house.

Despite my concerns about the Council’s housing policy, I was pleased to see that as soon as the defects were brought to its attention, it took positive action to resolve an identified area of inequality. I would like to take this opportunity to compliment the Town Council and its staff for the speedy and efficient manner in which it tackled the issues which this case highlighted. I would encourage other local authorities to adopt a similar pro-active stance to issues which are highlighted by my Office from time to time.

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