Summary: We will not investigate this complaint about the Council’s review of a housing application in 2023 and its consideration of a new complaint in 2024. There is insufficient evidence of fault and the review matter has been previously investigated by the Ombudsman.

The complaint

1. Ms X complained about the Council’s review of her housing application which it carried out in August 2023. She says her medical evidence was not properly considered in relation to her family’s needs. She also says the review did not take into account proposed changes to the Council’s housing allocations policy which were discussed in November 2023 and which may affect her eligibility 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, 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

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

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My assessment

5. Ms X says the Council failed to properly consider medical evidence which she provided for her housing application in 2023. The application was rejected because she was considered to be adequately housed and did not qualify under the local residency requirements. We previously investigated this complaint, including the review, in case reference 22008969 and we cannot re-consider any of the matters included in that decision which was issued in January 2024.
6. Ms X’s representatives submitted a new complaint in February 2024 which again was concerned with the review of August 2023. It suggested there may be new evidence which the review did not take into account. This was related to the Council’s consideration in November to review its allocations policy, including the residency requirements which may have been in Ms X’s favour.
7. The policy was not changed in November and the review was carried out in August so it could not consider any future policy changes. This was not new information which could have affected the outcome. Ms X complained to us in May 2024 and the policy remained the same at that time. Ms X had not submitted a new housing application when she complained to the Council in February.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

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Final decision

9. We will not investigate this complaint about the Council’s review of a housing application in 2023 and its consideration of a new complaint in 2024. There is insufficient evidence of fault and the review matter has been previously investigated by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman