Summary: The Ombudsman will not investigate this complaint about the housing register because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that she cannot join the housing register because she is adequately housed. She says she has a housing need because her child needs his own bedroom.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered the housing allocation policy and the medical evidence provided by Ms X in support of her housing application. I invited Ms X to comment on a draft of this decision.

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What I found

Allocations policy

5. The policy says people can only join the housing register if they have a housing need as defined by the policy. The policy also says that a family of two adults and two sons need a two bedroom home. The need can be increased to three bedrooms if an extra bedroom is essential on medical grounds.

What happened

6. Mrs X lives in a 2 bedroom home with her husband and two sons. She has a secure tenancy. One son has medical problems and receives a disability benefit.
7. Mrs X applied to join the housing register. The Council refused the application on the grounds that she is adequately housed (has no housing need). Mrs X asked for a review and supplied medical evidence. Mrs X said her son needs his own bedroom. She said he needs it for his own well-being and because it is not safe for him to share with his brother.
8. The Council did a review but did not change its decision.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will allow an extra bedroom if it is essential for medical reasons. I have read the medical evidence which gives a detailed account of the challenges Mrs X’s son faces. And, I have read a letter which says he would benefit from having his own room. However, the evidence does not say that it is essential for him to have his own room.
10. The Council’s decision is consistent with the policy, and the evidence, so there is no reason to start an investigation. In addition, the Ombudsman does not act as an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with and he cannot force the Council to admit Mrs X to the housing register.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman