Summary: We will not investigate Mr X’s complaint about the Council’s decision that he is not eligible to join its housing register. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to refuse his application to join its housing register. He says the Council did not properly consider his health conditions or his reasons for needing to move.

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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. Mr X applied to join the Council’s housing register. The Council considered his application but decided he was not eligible, as he did not currently live in the Council’s area and so did not meet the local connection criteria set out in its housing allocations policy.
7. Mr X requested a review of the decision. As part of its review, the Council considered information about Mr X’s health conditions and his reasons for wanting to move into its area. It decided there were no significant or exceptional circumstances to make an exception to its policy and so upheld its decision that he was not eligible to join the housing register. It advised him of other housing options and how to request an adult social care needs assessment, if he felt he needed social care support.
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 someone disagrees with the decision the organisation made.
9. We will not investigate this complaint. The Council appropriately considered Mr X’s housing application including information about his health conditions and reasons for wanting to move. It decided he was not eligible to join the housing register. Its decision appears in line with its housing allocations policy and so we cannot question the outcome.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman