Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision that he does not qualify to join the Council’s Home Choice housing register because he does not meet the requirements of the allocations policy.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

3. I considered information provided by the complainant and the Council. I have also read the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says that he applied to move from his current Council area to North Yorkshire to be closer to family who live there and could give him support. The Council rejected his application because it says he does not meet the criteria of its allocations policy. He is a social housing tenant and his tenancy has to have been held for a minimum of 12 months before he can apply to the scheme. At present the 12 months period is not complete until 2025.
6. Mr X asked the Council to review his case and it was considered by an independent panel consisting of representatives from organisations outside the Home Choice scheme. The Panel considered the circumstances and evidence of his application but it did not change the original decision that he does not qualify.
7. The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. I have seen no evidence of fault which would suggest that the Council failed to apply the policy correctly or fettered its discretion by not taking a wider view.

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Final decision

8. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman