Summary: Ms X complains about the Council’s decision that she is not eligible to be added to its housing register. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council is wrong to refuse her entry onto its housing register when she has had a long connection with its area, she has close family members who live in it and her health and wellbeing require her move to it.

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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 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)
3. 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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

5. Ms X lives outside the Council area but applied to go on to its housing register so she could move back to the area she had previously lived in for many years and so be close to family members for health reasons.
6. The Council considered her application but told her she could not join the register because she did not meet the eligibility criteria to do so.
7. Ms X asked the Council for a review of its decision. It reviewed its decision and considered the information Ms X provided to see if the particular circumstances of her case would lead it to change its view.
8. The Council noted when Ms X had last lived in the Council’s area, and the history of her living in accommodation in the surrounding council areas. It also considered Ms X’s desire to move nearer to friends and family to receive support. However, it concluded that she did not qualify to join the register because she had not lived or worked in the area on a continuous basis for the last two years and the information she had submitted did not provide sufficient evidence to show that she needed to move to the area to receive support.

Assessment

9. The Ombudsman cannot review the merits of decisions properly taken by local authorities no matter how strongly a complainant may disagree with them. I understand Ms X will be disappointed with the Council’s decision but it followed the relevant policy and considered Ms X’s personal circumstances and I have seen no evidence to suggest there was fault in the way it came to its decision.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman