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. Mr and Miss X complained about the Council’s decision to reject their housing application because it says their joint income exceeds the maximum threshold under its allocations policy. They dispute the Council’s calculation of their income and say they should qualify for the register.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

Back to top

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.

Back to top

My assessment

5. Mr and Miss X applied to the Council’s housing register because they are currently in temporary accommodation under the Council’s homelessness duty. The Council rejected their application because it says their income exceeds the £34,000 limit for applicants under its allocations policy.
6. They asked the Council to review the decision under s.166A of the Housing Act 1996. The Council carried out a review but it concluded that the original decision was correct. It said even without the inclusion of additional earnings which were not included in their submission their joint income exceeds the threshold for qualifying. There is no further right of appeal.
7. 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. 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. I can see no fault in the way the Council calculated the income based on the information provided. If Mr and Miss X have a change in income which makes them qualify under the policy they can ask for a further review for the evidence to be considered.

Back to top

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.

Back to top

Investigator's decision on behalf of the Ombudsman