Summary: Miss X complained about the Council’s decision that she is ineligible for applying to its housing register because she does not meet the allocation criteria. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s decision not to give her housing application a banding under its housing allocation scheme. She says her family has medical grounds to move and that they have a history of tenancy and anti-social behaviour complaints about neighbours which their Council housing landlord is aware of.

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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 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 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.

(Local Government Act 1974, section 24A(6), as amended)

4. 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

5. I have considered all the information which Miss X has submitted with her complaint. I have also considered the Council’s response. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

6. Miss X applied to the Council to move from her current Council rented accommodation. She says her current home is detrimental to her family’s medical conditions as it has noisy neighbours whom she says have harassed her and caused anti-social behaviour in the past. Her landlord has not prevented this from taking place and now she feels unsafe in her home.
7. The Council has been involved with Miss X and her neighbours for some time. the claims and counter claims have been considered by the Housing Ombudsman service to whom Miss X has already complained. We have no jurisdiction to consider these tenancy matters and can only consider the decision on her housing application.
8. The Council considered Miss X’s application to the housing register. Its housing medical advisor assessed her case, and this included medical evidence from her son’s consultants and practitioners. The Council told her that she did not qualify for a move on medical grounds because she is adequately housed in her current accommodation. The tenancy and anti-social behaviour issues were being dealt with by her housing landlord and she was ineligible for priority under the allocation scheme.
9. We will not uphold a complaint if the council has followed proper procedures, relevant legislation and guidance and taken account of all the information provided, even if the applicant believes that the council should have given more priority to the application to move. It may be the case that, although they need to move urgently, there are other applicants who have an even greater need.
10. We recognise that the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.

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Final decision

11. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman