Summary: We will not investigate this complaint about how the Council dealt with a housing register application or its allocations policy. The Council has apologised for any errors in its application handling and agreed to make a new housing decision. That remedies any injustice caused. There is not enough evidence of fault in the Council’s eligibility criteria to justify us investigating.

The complaint

1. Mr X complained about how the Council dealt with his housing register application. He said it did not consider all the information he provided. Mr X also complained about the Council’s allocations policy. He said the savings limit created a barrier to people with mental health needs joining the housing register.

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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, or

further investigation would not lead to a different outcome, or

• 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

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

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My assessment

5. In the Council’s final complaint response, it accepted it had not considered all the information Mr X provided with his housing application. It apologised for this. It said it would make a new housing decision. It said if Mr X was unhappy with that decision, he could ask for a review.
6. We will not investigate this complaint further. The Council has accepted fault and taken steps to address this. Further investigation by us would not lead to a different outcome. Mr X can ask for a review if he is unhappy with the Council’s housing decision.
7. The Council’s allocations policy sets a maximum savings threshold. Applicants with savings over that amount are not eligible to join the register. The Council can exercise discretion in exceptional circumstances.
8. Mr X feels the policy disadvantages those with mental health. However, it is for the Council to set its own policy in line with legislation. It has done this. Therefore, we will not investigate this complaint. There is not enough evidence of fault to justify our involvement.

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Final decision

9. We will not investigate Mr X’s complaint because we are satisfied the steps the council has agreed to take remedies any injustice caused.

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Investigator's decision on behalf of the Ombudsman