Summary: We will not investigate Miss X’s complaint that the Council removed her from its housing register after deciding she no longer qualified for priority based on overcrowding. This is because there is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Miss X complains that, after about eight years on its housing register, the Council decided she no longer qualified and removed her from the register.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code and the Council’s 2017 Housing Allocation Scheme (published online).

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My assessment

7. In October 2024, the Council made Miss X an offer of social housing. It asked her to send her evidence of the rooms available to her at her property and proof of address for all adult household members.
8. After considering Miss X’s evidence, the Council decided she did not qualify for priority based on overcrowding. It removed her from its housing register.
9. On review, the Council upheld its decision. It gave clear reasons with reference to the evidence provided and in line with its allocations scheme.
10. The Council explained it would not include an occasional lodger as part of her household when deciding whether her household had enough bedrooms. This was because a member of Miss X’s household had the right to end the agreement with the lodger. The Council decided to include the room occupied by the lodger in its assessment of bedrooms available to her household, in line with its allocations scheme.
11. The Council then considered how many bedrooms were available to Miss X’s household, which included her mother and child. It decided her household was not overcrowded because it had access to three rooms available for sleeping. This was because the household had access to two bedrooms and a living room. The Council explained that it included the living room as a bedroom because Miss X’s mother often used it for sleeping and the household had no medical or social welfare grounds to use the room otherwise. This decision is in line with the Council’s allocations scheme.
12. I understand Miss X is disappointed with the Council’s decision. She says her circumstances have not changed since she first joined the register. The Council explained to Miss X that it is standard practice to reassess an applicant’s eligibility when it shortlists an applicant for a possible offer of social housing. It explained this was to make sure the household was still eligible and qualified for the offer. There is not enough evidence of fault to justify investigating.
13. As the Council’s review decision did not change the outcome, I consider any delay in it completing this did not cause significant injustice. This equally applies to the errors accepted by the Council in its original decision to accept Miss X on its housing register. Therefore, I will not investigate these matters.

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Final decision

14. We will not investigate Miss X’s complaint the Council removed her from its housing register after deciding she no longer qualified for priority based on overcrowding. This is because there is not enough evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman