Summary: We will not investigate Miss X’s complaint about the Council’s decision that she is not eligible to join its housing register. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Summary: Miss X complained about the Council’s decision that she does not qualify to join its housing register. She says that the Council failed to consider her disabilities and medical conditions, in addition to her local connection with the borough and her ongoing financial situation.

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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 cannot achieve the outcome someone wants; or

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the Complainant.
5. I considered the Ombudsman’s Assessment Code.

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My Assessment

6. Miss X applied to join the Council’s housing register. The Council considered her application but decided she was not eligible, as she did not live in the district or have a qualifying local connection in accordance with its housing allocations policy.
7. Miss X requested a review of the decision. As part of its review, the Council considered information about Miss X’s health conditions, her reasons for wanting to move into its area and her financial circumstances. It was also confirmed that Miss X was a homeowner and therefore did not qualify to join the Common Housing Register.
8. The housing allocations scheme states “Households who have sufficient resources to resolve their own housing need either by renting or buying a suitable property (on the open market or through a low cost home ownership scheme) or by any other means will not qualify for inclusion on the Common Housing Register. Our assessment of resources will take into account affordable loans, investment income, equity and capital, amongst others.”
9. The Council considered Miss X’s debt and assessed her financial situation. It concluded if she sold her property, she would still have sufficient funds to purchase a suitable home within its borough and therefore, she did not qualify for inclusion on its Common Housing Register.
10. In accordance with its allocations scheme, the Council said Miss X did not qualify as an applicant deemed to have a local connection. Although being born and previously living in the area with extended family, this does not meet the criteria under the allocations policy.
11. 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.
12. We will not investigate this complaint. The Council appropriately considered Miss X’s housing application including the information provided about her medical conditions, personal circumstances and reasons for wanting to move. It decided she was not eligible to join the housing register as she did not meet the qualifying criteria.
13. We may not find fault with a council’s assessment of a housing application or 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

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault to warrant an investigation and to justify our involvement.

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Investigator's decision on behalf of the Ombudsman