Summary: We will not investigate this complaint about the Council’s decision that Miss X does not qualify for the housing register. There is insufficient evidence of fault in how the Council made its decision to justify an investigation. We will not investigate Miss X’s complaint about the Council not properly considering her first review request as the Council offered a proportionate remedy.

The complaint

1. Miss X complained that the Council unfairly refused her application to join the housing register as she is a homeowner and did not follow the proper process when considering her review request. Miss X says that as a result she cannot move to accommodation that is suitable for her medical needs.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied for the Council’s housing register. The Council’s housing allocations policy sets out which applicants do not qualify for its housing register. These include applicants who own their own property unless there are exceptional circumstances. These circumstances could include if a person’s current home was unsuitable and their assets were not sufficient to secure alternative private accommodation.
6. The Council refused Miss X’s application as she owns her own property. Miss X requested a review of the Council’s decision as she considered her property did not meet her medical needs and she could not afford alternative housing. The Council upheld its decision that Miss X did not qualify for the housing register. Miss X made a complaint as she considered the Council did not properly follow its review process. The Council agreed to carry out a further review of its decision to refuse Miss X’s application.
7. We will not investigate how the Council considered Miss X’s first review request. This is because the Council carried out a further review and the review was undertaken by a senior officer who had no previous involvement in considering Miss X’s application. This is a proportionate remedy and in line with our Guidance on Remedies. It is the action we would have recommended the Council to take.
8. The Council carried out its further review. It again decided that Miss X did not qualify for the housing register. In its letter to Miss X, the Council set out the evidence it had considered, including Miss X’s mortgage statement. It explained Miss X did not qualify for the housing register as she was a homeowner. The Council also said it considered Miss X would have the resources to secure alternative housing in the event she sold her property.
9. We are not an appeal body and we do not come to our own view on whether a person qualifies for a council’s housing register. Our role is to consider if the Council has followed the proper process when making its decision.
10. We will not investigate Miss X’s complaint about the Council’s decision that she does not qualify for the housing register. The Council’s further review decision letter shows it considered the relevant information. It also considered whether Miss X had exceptional circumstances to join the housing register. The Council’s decision letter provides a reasoned explanation for its decision. The decision is also in accordance with its allocations policy. So, there is insufficient evidence of fault to justify an investigation of Miss X’s complaint.

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Investigator's decision on behalf of the Ombudsman