Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision that his application does not qualify for the housing register. He says his current home is unsuitable for his needs due to disrepair and neighbour problems and that his medical needs were not properly considered.

Back to top

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 cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X applied to the Council’s housing register because he says his current housing association home suffers from poor insulation and heating and this causes dampness which affects his asthma and other conditions. He also says the lack of space and neighbour issues impacts on his quality of life.
7. The Council rejected Mr X’s application because it says he does not meet the threshold for medical needs and that his current home could be repaired by the landlord but it has been unable to gain access to carry out repair surveys. Mr X says this is because of his health conditions at the time when the landlord needed access.
8. Mr X had a right to ask for a review of the decision under s.166A of the Housing Act 1996 and he pursued this option. The Council considered his evidence but it upheld the original decision that he does not meet the criteria under its allocations policy to be on the housing register.
9. 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 someone disagrees with the decision the organisation made.
10. We may not find fault with a council’s assessment of a housing application or a housing applicant’s priority if it has carried this out in line with its published allocations scheme. We recognise that the demand for social housing far outstrips the supply of properties in many areas. I have seen no evidence of fault which would suggest that Mr X should be included on the housing register.
11. We cannot investigate complaints about failures of social housing landlords to carry out repairs to their properties. Mr X could complain about the failure of his landlord to complete repairs and other tenancy matters to the housing Ombudsman service.

Back to top

Final decision

12. We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman