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 assessment of his housing application. He says it has refused to allow him onto the housing register because it says he does not qualify under its allocations policy. He believes the Council has not properly considered his medical and other information.

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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 the information provided by the complainant and the Council’s review of his case. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council for rehousing in 2024. His application was rejected by the Council because it says he did not meet the threshold for overcrowding and medical needs which were the reasons for his wanting to move. Mr X was not satisfied that his application had been given sufficient consideration and asked for a review under s.166A of the housing Act 1996 Part 6.
6. The Council advised Mr X to submit any additional evidence he had to support his case before the review and he did so. The review was carried out and confirmed the original decision that his medical housing needs and overcrowding did not make him eligible for the housing register.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
8. We cannot usually overturn a council’s decision on the priority given to an application or its decision that someone is ineligible for housing allocation by a council. I have seen no evidence that the Council failed to properly consider Mr X’s application and so we cannot say that there is fault.

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Final decision

9. 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