Summary: We will not investigate this complaint about the Council’s decision not to allow Mrs X to join its housing register as it is unlikely we will find fault by the Council.

The complaint

1. Mrs X complains the Council has refused to accept her on to its housing register. Mrs X seeks to return to the Council area, to be near family for support as she has ill health issues and is recently bereaved. Mrs X does not feel the Council has fully taken account of this and that it should accept her on to its register due to her local connection. Mrs X says she has been caused stress by this which is making her health worse.

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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’s ‘Homefinder’ policy.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council assessed Mrs X’s application to join its housing register with reference to its Homefinder policy. It refused Mrs X’s application as it considers she is adequately housed in her current home, as no evidence has been provided to indicate the property is making Mrs X’s ill health worse. The Council acknowledged that Mrs X could obtain support from family if she lived locally but that Mrs X could obtain support in her current home, as she lives in an assisted living property and/or Mrs X could ask her local social services for help. The Council acknowledged that Mrs X does have a local connection, but this alone does not entitle her join its housing register. In its review decision letter, the Council also explained how it had considered its public sector equality duty in assessing Mrs X’s application.
7. I recognise that Mrs X is unhappy about the Council’s decision, but we could only challenge it if there was evidence of fault in the way it was reached. I have considered the Council’s review decision, and I have referred to the Council’s ‘Homefinder’ policy; I have not seen evidence of such fault. There are not therefore grounds for us to investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman