Summary: We will not investigate Ms X’s complaint about the Council’s decision she does not qualify for its housing register because her income is too high. There is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained about the Council’s decision she does not qualify for its housing register because her income is too high. She said some of the income included related to a period when her former partner and children were living with her, but that income will not continue in future. She said the cancellation of her housing register application had significantly affected her mental health.

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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.

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How I considered this complaint

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

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My assessment

What happened

5. Ms X, who had a live housing register application, was shortlisted for a property and the Council carried out verification checks. These checks indicated Ms X’s income was above the financial qualification cap for a single person. On that basis, the Council cancelled her application on the grounds she did not qualify.
6. Ms X asked for a review of that decision. She said that some of the income when calculating her income for 2024 related to payments from her ex-partner, but these payments stopped when their children went to live with him, as did any child benefit payments. She also said the Council had accepted she could not afford the rent on her current property.
7. The Council carried out a review and issued a decision. It explained its allocations scheme said the maximum annual income for a single person was £27,700, but it had calculated Ms X’s income at over £40k. It set out the figures used to calculate her income. Its decision shows it included payments from her ex-partner that referenced rent and bills, it did not include 12 months’ child benefit as those payments had stopped in October 2024, but did include a sum for Universal Credit. It said that, whilst it appreciated some of the increased income during the year was temporary, its scheme di not provide for an exception on that basis.
8. Ms X told us her Universal Credit has now reduced, and sum of the payments treated as income were payments from a friend to reimburse payments she had made on their behalf. She also said some of the payments treated as income were loans used to cover rent and bills, that she cannot now repay.

My assessment

9. We are not an appeal body. It is not our role to say whether Council decisions are correct. Unless there is fault in the decision-making process, we cannot comment on the decisions reached. The law says councils must allocate social housing in line with their published allocations scheme.
10. The Council’s scheme says applicants will not qualify for its housing register if their income exceeds specified annual limits. When calculating income, it will include, for example, the applicant’s salary, child benefit, child maintenance payments, and “all other financial deposits”.
11. In this case, the Council considered the bank statements Ms X provided and there is no indication the figures used when calculating her annual income for 2024 were incorrect. Whilst accepting Ms X’s income for 2025 is likely to be lower, there is no provision in the scheme for adjusting the figures used to reflect reduced future payments. However, it is open to Ms X to make a fresh application if her circumstances have changed so her income is no longer above the limit.
12. I note the Council has accepted a relief duty on the grounds Ms X is homeless because her current housing is unaffordable, and its homelessness team will support her to find suitable affordable housing. However, this can be private rented sector housing and does not need to be social housing.
13. The Council has considered relevant information and its allocation scheme when making its decisions, it has explained the reasons for its decisions and has made its decisions without undue delay. On this basis, and taking into account the information set out above, there is insufficient evidence of fault to justify further investigation.

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Final decision

14. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman