Summary: We will not investigate this complaint about the Council’s refusal to let Ms X join the housing register. There is not enough evidence of fault to warrant our involvement.

The complaint

1. Ms X complained the Council said she was not eligible to join the housing register.
2. Ms X said this caused a negative impact to her mental health because her current property is not suitable.

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The Ombudsman’s role and powers

3. 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))
4. 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

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

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My assessment

7. Ms X complained the Council said she was not eligible to join the housing register.
8. The Council told Ms X this was because it believed her to be housed adequately and therefore she did not meet the housing need criteria.
9. Ms X disputed this and said her current property was not suitable.
10. The Council reviewed its decision and upheld it because it said the decision was in line with its allocations policy. It also explained why it did not believe Ms X’s case merited consideration under its exceptional reasons category.
11. We are not an appeals body and we cannot overturn the Council’s decision. We look at how the Council made its decision and whether there was any flaw in that decision-making. If there was no fault in the Council’s decision-making, we cannot question it.
12. The available evidence suggests the Council acted in line with its published allocations policy and gave Ms X clear explanations of its decisions.
13. There is not enough evidence of fault by the Council and therefore we will not investigate this complaint.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman