Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing register application. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s handling of his housing register application and that he has been waiting a long time to move into more suitable alternative accommodation despite his family’s acknowledged overcrowding and his medical condition.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. While Mr X may be frustrated at the time he has been waiting to move to alternative accommodation despite his Band 2 ranking, there is no evidence to suggest the Council has not properly followed its policies and procedures in dealing with his application. He does not meet the criteria to be placed in Band 1 but the Council has confirmed he has been added to the Direct Offer list which will be the swiftest route to obtaining an alternative property.
8. The Council acknowledged there was delay in responding to Mr X’s complaint and that the Stage 1 complaint response contained some misleading information. However, it offered Mr X £150 in recognition of this fault and there are insufficient grounds to warrant an investigation of these matters.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman