Summary: We will not investigate this complaint about the Council’s handling of Miss X’s housing application. This is because there is not enough evidence of fault.

The complaint

1. Miss X complains the Council:
• Did not allow her to join its housing register; and
• Dd not take suitable action to prevent her exposure to hazards at her home.

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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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing. All allocations must be made in strict accordance with the published scheme. 
8. The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. I have viewed the Council’s published allocations scheme. On the information seen, there is no evidence of fault in how the Council assessed Miss X.
9. Miss X complained to the Council in January 2024. The Council told Miss X it would investigate her complaint about hazards in her property separately to her complaint about her application to join housing register. Miss X then complained to us before the Council took any follow up action. I will not consider this matter as the Council has not yet had the opportunity to investigate and reply.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman