Summary: We will not investigate this complaint about the Council’s rejection of Mr X’s application to the housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council deciding that his housing application was ineligible under its housing allocations policy. He says the Council should not have concentrated on just his financial status and that his family’s suffering over many years and the effect on him of its rejection should also be considered.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council for housing in February 2023. He said his rent was unaffordable and that he was concerned he would become homeless. The Council asked him to provide information for it to assess his application and also any evidence of a section 21 notice to quit letter.
6. The Council says Mr X did not provide all the information it requested but when he did it noted that he has signed a new six month tenancy agreement with his landlord valid until October, so he was not faced with homelessness. The Council assessed the financial details Mr X provided because its housing policy requires it to calculate if someone can afford their current home and remain in occupation.
7. The Council informed Mr X that it would not accept his application because his income was sufficient to afford his current home is adequate for his family’s needs. Mr X asked for a review of the decision and this was completed in June. The review upheld the original decision that he is adequately housed and ineligible for the housing register under the policy. He did not provide any medical evidence that his home is unsuitable for any medical conditions.
8. 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. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas.

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Final decision

9. We will not investigate this complaint about the Council’s rejection of Mr X’s application to the housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman