Summary: We will not investigate this complaint about the way the Council assessed the complainant’s income for the purpose of determining eligibility for the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council did not properly assess her income when deciding if she is eligible to join the housing register. Mrs X wants us to assess her evidence to see if she qualifies for 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 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 Mrs X and the Council. This includes the correspondence about the housing application and the allocations policy. I also considered our Assessment Code.

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My assessment

5. Ms X applied to join the housing register. One of the requirements is that applicants must not have income, savings or assets above a set limit. For the property size that Mrs X needs the financial limit is £64,900. The policy says the Council will consider all income including wages, benefits, bank interest, maintenance, rental income and all financial deposits.
6. Mrs X submitted financial evidence to support her application. The Council assessed the evidence and decided Mrs X does not qualify because her total income is above the financial threshold.
7. Mrs X disagrees with the decision. She says that some of the deposits in her bank account are money from third parties which she is temporarily holding; for example, she says some third party expenses were funded through her account. Mrs X says the Council did not properly explore these issues.
8. In reply to my enquiries the Council referred to the policy and said that all income, including financial deposits, is considered. It said Mrs X provided a declaration about the money but she did not provide evidence that she does not have access to all the money in her accounts. It said the bank statements showed large deposits. The Council confirmed it correctly assessed Mrs X’s finances in accordance with the policy.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered Mrs X’s finances but decided, in accordance with the policy, that her total income exceeds the financial threshold. I have not identified any fault in the way the Council reached this decision so there is no reason to start an investigation.
10. We do not act as an appeal body and it is not my role to assess Mrs X’s finances or re-make the decision. I have no power to tell the Council it must reverse the decision or allow Mrs X to join the housing register.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman