Summary: We will not investigate Mr X’s complaint about the qualification criteria for the Council’s housing scheme because we are unlikely to find fault.

The complaint

1. Mr X complains on behalf of Mr and Mrs Y that they had an offer of housing withdrawn because the maximum income qualification criteria for the Council’s housing scheme is different to the other councils using the same scheme. He also says the Council has not adequately explained how the Council decided to set the criteria.

Back to top

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council subscribes to a scheme for housing allocations which is used by several local councils. Each council sets its own qualification criteria for the scheme, which includes the maximum household income allowed for applicants. The Council set its maximum income criteria at £45,000 per year, which is lower than the other councils using the scheme.
6. Mr X complained to the Council and submitted a Freedom of Information request asking for more information about how the Council decided to set the qualification criteria. The Council sent Mr X a copy of the minutes from a Council meeting in 2014 where the matter was discussed. Mr X felt there was not enough detail in these notes to explain how the decision was made.
7. A significant amount of time has since passed since the decision was made to set the maximum income criteria at £45,000 per year. An investigation is not proportionate as it unlikely any further information will exist to show what the Council considered and discussed before it made its decision.
8. The Council said it planned to review the housing scheme policy but this has been postponed pending upcoming changes in local government. It is for the Council to determine when to review its policy and we could not criticise the Council for its decision to postpone its review.
9. Mr and Mrs Y had an offer of housing withdrawn as their household income is above the maximum threshold. I will not investigate this complaint as the Council has followed its published policy.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault.

Back to top

Investigator's decision on behalf of the Ombudsman