Summary: We will not investigate this complaint about the Council’s decision on Mr X’s housing application. This is because there is no evidence fault affected the Council’s decision.

The complaint

1. The complainant, who I refer to as Mr X, says his family’s circumstances are exceptional and that this should have led to the Council to allowing his siblings to be part of his housing application and to be treated as one family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I spoke to Mr X and considered the information he provided, including the Council’s review decision and responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is unhappy with the Council’s decision not to allow his siblings to be part of his housing application. However, the Council followed its normal policy in reaching this decision and considered whether there were any exceptional circumstances which required the exercise of discretion.
7. It is not our role to act as a point of appeal against such decisions. We cannot question a council’s decision if it has followed the right steps and considered the relevant evidence and information. I have seen no evidence to suggest there was fault in the way the Council came to its decision.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence fault affected the Council’s decision.

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Investigator's decision on behalf of the Ombudsman