Summary: We will not investigate this complaint about Mr X’s application for social housing. Mr X had a right to review the Council’s decision about his bedroom entitlement which it was reasonable for him to use. There is not enough evidence of injustice to Mr X from the Council’s response to his hypothetical question to justify investigating.

The complaint

1. Mr X complains that the Council wrongly decided his family did not need an extra bedroom for health and welfare reasons. He also says the Council failed to answer or gave contradictory responses to a hypothetical question.

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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:

• any injustice is not significant enough to justify our involvement, or
• it would be reasonable for the person to ask or have asked 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council wrote to Mr X in response to his request for an extra bedroom on health and welfare grounds. It said there was not enough evidence this was medically necessary. It explained it needed information about the impact of Mr X’s snoring on Mrs X and about any steps taken to address the snoring. The letter set out that Mr X had a right to ask for a review of the decision within 21 days. Mr X did not ask for a review.
6. We will not investigate this part of the complaint. Mr X had a right of review and it was reasonable for him to use it. If Mr X wishes, he can provide new information to the Council about his family’s bedroom needs. The Council will make a new decision, which Mr X can seek to review if he disagrees.
7. Mr X asked the Council whether it would award an additional bedroom if he and his wife were divorced but lived together. We will not investigate this part of the complaint. There is not enough evidence of injustice to Mr X from the Council’s actions to justify the public expense of an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because it was reasonable for him to ask the Council for a review of its decision.

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Investigator's decision on behalf of the Ombudsman