Summary: We will not investigate this complaint about the Council’s refusal to accept a housing application to its housing register. It was reasonable for the applicant to ask for a statutory review of the decision and this is ongoing.

The complaint

1. Mrs X says her housing application was rejected in 2023 because the Council told her the family’s income exceeded the qualifying amount in its housing allocations policy. She says the Council has failed to consider her application fairly and its response was unprofessional.

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The Ombudsman’s role and powers

We investigate 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 or continue an investigation if we decide it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Mrs X applied to the Council for housing. The Council rejected her application to the housing register because it says the family’s income exceeds the income limit in its housing allocations policy. Mrs X says she has provided medical evidence to support her application but the Council will not consider it.
5. The Council told Mrs X she could challenge the decision on her application by submitting a statutory review request under s.166 of the Housing Act 1996. She did this in December 2023 and the review was still under consideration in January 2024 when she complained to us. The Council said it would not consider the medical evidence until the review on eligibility to the housing register was determined.
6. We will not investigate a complaint where there is a right to a statutory review available. Mrs X has engaged in this process and we will not consider it further. If the outcome is negative and she believes it was not properly conducted she could submit a new complaint about the review.

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Final decision

7. We will not investigate this complaint about the Council’s refusal to accept a housing application to its housing register. It was reasonable for the applicant to ask for a statutory review of the decision and this is ongoing.

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Investigator's decision on behalf of the Ombudsman