Summary: We will not investigate Miss X’s complaint about the Council’s housing allocation. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.

The complaint

1. Miss X complains the Council has not considered all her children when completing an overcrowding calculation when determining her housing eligibility.

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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. (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)

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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. Miss X lives in a one-bedroom flat with her partner and four children. Miss X applied to the Council to be rehoused. The Council accepted Miss X onto the housing register and decided she is eligible to bid on two-bedroom properties.
7. Miss X complains the Council have not considered all her children as part of her household because she has a shared custody agreement for three of her children and their other parent is in receipt of child benefit for the children. Miss X wants the Council to change her eligibility so she can bid on three-bedroom properties.
8. The Council’s housing allocations policy calculates households’ entitlement using child benefit receipt to determine whether children occupy a property.
9. The Council say because Miss X is not in receipt of child benefit for her three children who live with her half the time, they have not been considered as part of the household for determining property eligibility. The Council have demonstrated they considered discretion when making this decision.
10. The Council must offer housing in line with its policy. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.

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Final decision

11. We will not investigate Miss X’s complaint. There is not enough evidence of fault in the Council’s application of their policy to justify investigating.

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Investigator's decision on behalf of the Ombudsman