Summary: We will not investigate this complaint about an unsuccessful application to join the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he cannot join the housing register. He wants the Council to accept his application.

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 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 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)

Back to top

How I considered this complaint

4. I considered information provided by Mr X. This includes the housing decision. I also considered our Assessment Code.

Back to top

My assessment

5. The Council’s policy says people can join the housing register if they have a housing need as stated in the policy. A person might qualify if their home is unsuitable for health reasons and cannot be adapted.
6. Mr X applied to join the housing register. He lives in a studio flat. He says the property is too small and has a negative impact on his mental health. He submitted evidence to support the application.
7. The Council considered Mr X’s application and the supporting evidence. It sought advice from its medical adviser regarding the impact of the accommodation on Mr X’s mental health. The Council decided the evidence does not show the size of the property affects Mr X’s health. The Council rejected the housing application because Mr X does not qualify for any of the priority groups.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered the application and the evidence and it sought medical advice. The letters show there was a detailed assessment of the evidence, the possible impact on Mr X’s health, and how these issues interact with the policy. I appreciate Mr X disagrees with the decision but I have not seen any evidence of fault in the way the Council reached the decision.
9. We are not an appeal body. It is not my role to re-make the decision or decide if Mr X is eligible to join the housing register. I can only consider if there is fault in the way the Council made the decision and I have not seen any suggestion of fault.

Back to top

Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman