Summary: We will not investigate this complaint about the Council’s refusal to accept Ms X onto its housing register. This is because there is not enough evidence of fault.

The complaint

1. Ms X complains the Council has refused to accept her onto its 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied to join the Council’s housing register on the grounds of medical priority because her child needed an additional sensory room.
7. The Council refused the application and upheld its decision on review. In its review response the Council explained its allocations scheme required it to consider if a property could be adapted to prevent the need for a move. It considered all the information Ms X provided and found she could create a sensory space within her current property and therefore did not need an additional room. The Council noted the landlord was addressing issues on noise and the temperature of the property.
8. The Council reached an evidence based decision in line with its policy. We cannot question its decision simply because Ms X has a different view. There is not enough evidence of fault in its decision making to justify an investigation.
9. It is not proportionate to consider complaints about the Council’s complaint handling when we are not investigating the substantive issue.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman