Summary: We will not investigate Miss X’s complaint about the Council’s decision that she does not qualify to join its housing register. There is not enough evidence of fault to justify us investigating.

The complaint

1. Miss X complains about the Council’s decision that she does not qualify to join its housing register. She says the Council has applied its policy too rigidly and did not properly consider her circumstances.
2. She says her current accommodation is unsuitable and negatively affects her health. She wants the Council to reconsider her application and exercise discretion to accept her on its housing register.

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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. 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 you disagree with the decision the organisation made.

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I also considered the Ombudsman’s Assessment Code and the Council’s Housing Allocations Policy.

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My assessment

7. Miss X applied to join the Council’s housing register. The Council decided she did not qualify for its housing register because she does not have a local connection to the council area. It also decided there were no exceptional circumstances to warrant exercising discretion to accept her on its housing register. Miss X disagrees with the Council’s decision.
8. The Council’s Housing Allocations Policy says that applicants must have a local connection to one of the councils within its subregion. A local connection may exist if a close family member has lived in the area for five continuous years.
9. Miss X says she has family in the area and believes this gives her a local connection. However, the Council decided she does not qualify because:
• one family member has not lived in the council area for five continuous years; and
• the other family member is not considered a close family member of hers under its policy.

On the evidence available, I am satisfied the Council correctly applied its policy on this point. There is not enough evidence of fault to justify us investigating.

10. The Council’s policy allows it to exercise discretion where exceptional circumstances warrant an applicant joining the register despite not qualifying. It may consider whether an applicant needs to move to this specific area and whether failing to allow this would cause harm.
11. The Council accepted that Miss X needs alternative accommodation. However, it determined that she had not shown that this need could only be met by moving specifically to the Council area. It noted that her housing need could potentially be met by seeking assistance from her current council, for example, by requesting a transfer or mutual exchange. Therefore, on the evidence available, I am satisfied the Council appropriately considered its discretionary power in Miss X’s case.
12. While I recognise the Council could have explained its decision to Miss X better, I am satisfied that it considered relevant information and properly reached its decision. There is not enough evidence of fault to justify us investigating. I acknowledge that Miss X disagrees with the Council’s assessment, however as there is not enough evidence of fault in how the Council reached its decision I therefore cannot question the outcome.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s decision making.

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Investigator's decision on behalf of the Ombudsman