Summary: We will not investigate this complaint about the Council’s application of its housing allocation policy and its decision to refuse Mr X’s application to join its housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains the Council failed to properly follow its housing allocations policy when it refused his application to join its housing register because his income is too high. He says it should reverse its decision.

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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 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))

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How I considered this complaint

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

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My assessment

6. Mr X applied to join the Council’s housing register but it rejected his application because his income was assessed as being over the threshold of the current allocation policy.
7. On his behalf, Mr X’s representative asked the Council to review its decision, stating the Council had not properly followed its allocations policy with regard to Community Contribution priority for workers and the assessment of Mr X’s medical conditions. The representative said the decision had not been fair and that Mr X had been discriminated against because of his earnings.
8. The Council confirmed it had considered all the evidence Mr X had provided but that his income was over the current threshold and his medical needs did not meet the exception to exempt him from the financial threshold requirements.
9. This is disappointing for Mr X but there is no evidence to suggest fault affected the Council’s decision. It is not our role to act as a point of appeal against decisions or policies 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.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman