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. Miss X complained about the Council’s failure to offer her accommodation which is suitable for her family needs and is affordable on her income. She says it has failed to properly consider her housing application since she was rehoused after being homeless.

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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
• it would be reasonable for the person to ask for a council review or appeal.

(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. 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. Miss x says she has been living in private rented accommodation since the Council discharged its duty with an offer when she was homeless. She says the current 2-bedroom accommodation is too small for her family and that it is unaffordable. She has also had problems with repairs. The landlord is a private company owned by the Council. She wants the Council to rehouse her in social housing which is suitable and affordable.
6. The Council says Miss X’s application is up to date and her current points award reflects her circumstances. Since her daughter became 10 years old she ha snow been able to bid for 3-bedroom vacancies but there is a significant waiting list due to high demand.
7. We cannot investigate the repairs issues which are the landlord’s responsibility. I have considered the assessment of Miss X’s housing application and can see no evidence to suggest that it is incorrectly assessed. 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.
8. 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.

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Final decision

9. 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.

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Investigator's decision on behalf of the Ombudsman