Summary: We will not investigate this complaint about Miss X’s request for housing. The Council properly reached its decision to refuse the housing register application. If Miss X wants accommodation for her child under the Children Act 1989, that is a separate matter she should raise with the Council first.

The complaint

1. Miss X complains the Council has not agreed to house her family in its area. She says this adversely affects her and her child.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and copy correspondence from the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X lives in social housing outside the Council’s area. She wants to move into the Council’s area for reasons related to her child’s disability and education. I shall not give more details of those circumstances for confidentiality reasons. So Miss X applied to the Council’s housing register.
6. The Council’s housing allocation policy says social housing tenants can only join the housing register if they meet the policy’s qualifications, including the local connection requirement, and if they are also in one of the ‘reasonable preference’ categories set out by law. If an applicant does not qualify, such as by not meeting the local connection requirement, then even if they might be in a ‘reasonable preference’ category, the Council will only use its discretion to allow them onto the housing register if it decides the circumstances are exceptional. That is a decision for the Council, not us.
7. Miss X does not meet the local connection requirement. The Council therefore considered whether her circumstances warranted making an exception and putting her on the housing register. The Council first refused the application, then reviewed that decision at Miss X’s request, in line with the legal right to a review.
8. The evidence shows the review considered: the part of its policy relevant to Miss X’s family circumstances; the relevant ‘reasonable preference’ category; Miss X’s written submissions and supporting documents; and information from a discussion with Miss X. The Council was not persuaded to accept the housing register application. It gave Miss X reasons for its decision.
9. Miss X says the Council’s decision did not take account of broader savings to the public purse if she were to move into Rutland. That is a reference to the cost of services currently provided by the children’s services authority where Miss X lives now. Miss X says those services would not be needed if the family were to move to Rutland. The Council had no duty to consider the impact on public spending by any other organisation when deciding whether to put Miss X on its housing register. Also, being on the housing register would not necessarily mean Miss X would move to social housing in Rutland soon or at all. This is because demand for social housing significantly outstrips the vacant social housing the Council can allocate. So the Council could not assume anything about the impact on public spending. Nor could it assume that Miss X being on the housing register would necessarily lead to a house move. Therefore it could not expect adding Miss X to the housing register would necessarily resolve any of the family’s current difficulties. The Council was entitled to give weight to those points.
10. Miss X is dissatisfied the Council said any difficulties meeting her child’s needs are chiefly matters between her and the children’s services authority where she lives. She says that authority has not dealt properly with the problems. However, the Council was not at fault for saying that was where responsibility mainly lay when it considered the housing application.
11. Overall, the decision was in line with the Council’s policy and understanding of Miss X’s circumstances. Therefore the Council reached the decision properly. Miss X is entitled to disagree with the decision and reasons. However, that does not enable me to criticise the decision, as paragraph 3 explained.
12. Miss X says the Council has not followed section 17 of the Children Act 1989. That requires the Council ‘to safeguard and promote the welfare of children within their area who are in need,’ which may involve providing services, including accommodation. However, Miss X sought accommodation by applying to the housing register. There was therefore no fault in the Council dealing with that request through the housing register process. So I do not find fault here.
13. Councils’ responsibilities for accommodating a child under section 17 of the Children Act 1989 are separate from their housing register responsibilities. If Miss X believes circumstances have arisen where the Council should accommodate under its children’s services duties, that is a separate matter she should raise with the Council. I have not seen any evidence Miss X has expressly asked the Council for that, so I do not fault the Council on this point.

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Final decision

14. We will not investigate Miss X’s complaint. The evidence suggests the Council properly reached its decision to refuse the housing register application. If Miss X seeks accommodation for her child under the Children Act 1989, that is a separate matter she should raise with the Council first.

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Investigator's decision on behalf of the Ombudsman