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

The complaint

1. Ms X complained about the Council refusing to accept her application to the housing register. She is overcrowded in her current housing association home by one bedroom. The Council says only housing association applicants who have a landlord in a reciprocal housing arrangement with the Council are eligible to go on the register if they are one bedroom short due to high demand.

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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. Ms X applied to the Council for rehousing because her current two-bedroom housing association home is too small for her with two children of opposite sexes over 10. This leaves her with no bedroom space for herself.
6. The Council declined her application because its housing allocations policy states: “ Those who are assessed as lacking one bedroom will not normally be included on the Housing Register unless they are existing social housing tenants and their landlords have agreed to enter into a reciprocal agreement with the Council.”
7. Ms X’s housing association has not entered into such a reciprocal agreement with the Council. She asked her landlord why they had not done so and they told her they have no intention of entering such an agreement. The agreements are voluntary and there is no requirement for landlords to join the scheme and no powers available to the Council to require them to.
8. Ms X could have asked for a formal review of the decision but she has no extenuating circumstances other than having one bedroom deficit due to overcrowding and the Council told her she would not meet the policy requirements at review.
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 an applicant believes that the council should have given more priority to the application to move. We 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.
10. Ms X’s landlord has decided not to participate in the arrangements which would make her eligible and we have no jurisdiction to investigate social housing landlords.

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Final decision

11. We will not investigate this complaint about the Council’s assessment of Ms X’s housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman