Summary: We will not investigate this complaint about Ms X’s eligibility to remain on the Council’s housing register. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council rejected her application to remain on its housing register. She said it did not consider her medical conditions. Ms X said this led to her mental health being impacted.

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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)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X said the Council failed to consider her medical condition and circumstances during her housing register application.
7. The Council’s initial consideration of Ms X’s request and then her appeal correspondence shows it considered Ms X’s medical condition and circumstances. However, the Council’s housing allocation policy allows it to disqualify applicants for specified reasons. The refusal and subsequent explanations the Council gave, outlined why it believed these reasons applied and then why it refused Ms X’s application.
8. 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 the complainant disagrees with the decision the Council made.
9. I will not investigate Ms X’s complaint because the Council followed legal guidance and its policy, considered information provided by Ms X, and gave Ms X opportunity to have decision reviewed at two independent stages. Consequently, there is not enough evidence of fault in how it made its decision to justify an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman