Summary: We will not investigate this complaint that the Council will not let the complainant apply for houses from the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not let him bid for a house from the housing register. Mr X says the refusal amounts to discrimination. Mr X does not want to live in a flat due to smells and undesirable people. He also likes to keep his windows open.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint replies and the allocation policy. I considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. The allocations policy says people can bid for any type of property but the Council usually offers houses to applicants with children. People without children may be offered a house if nobody with children has applied.
5. Mr X lives with another adult. Mr X has some health issues and would like to move to a house. The Council has confirmed he can apply for a house but it gives priority for houses to people with children. Mr X says this amounts to discrimination.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council’s decision is consistent with the policy. We are not an appeal body and cannot ask the Council to give Mr X a house when that would be contrary to the policy. If Mr X thinks it is wrong that the Council gives priority for houses to people with children, then he would need to lobby councillors for a change to the allocations policy. It is for the Council, not us, to set the terms of the allocations policy.

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Final decision

7. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman