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

The complaint

1. Mr X complained about the Council’s decision that he does not qualify for the Council’s housing register. He says he is disabled and the Council has failed to take his medical disability into account in its decision.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 the complainant and the Council’s response. I have also considered the Council’s housing allocations policy..
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he applied to the Council’s housing register for 2-bedroom accommodation because he says his current 1-bedroom home is unsuitable for his medical needs. The Council assessed his application and told him that he does not qualify for the register because his current accommodation is suitable for his needs.
6. Mr X asked the Council to review his case under s.166A of the Housing Act 1996. The Council reviewed his case but still concluded that his medical needs are met in a 1-bedroom property and that he does not qualify for the register because his housing needs are already met. Mr X says the Council has refused to accept that he is disabled but its reasons are because his current health and social needs do not require rehousing.
7. The Ombudsman may not find fault with a council’s assessment of a housing application/ 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 can see no evidence that the Council has failed to properly consider Mr X’s application.

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Final decision

8. We will not investigate this complaint about the Council’s refusal to accept an application to the housing register. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman