Summary: We will not investigate Mr B’s complaint about the way the Council assessed his housing register application because there is insufficient evidence of fault in the Council’s decision-making to justify our involvement.

The complaint

1. Mr B complained that the Council failed to properly assess his housing allocation and that his Direct Payments have been reduced without explanation. As a result, he has been living in accommodation unsuited to his dsiabilities and his mental health has suffered.

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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
• any injustice is not significant enough to justify our involvement; or
• further investigation would not lead to a different outcome; 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)).

3. 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).
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).

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How I considered this complaint

5. I considered information provided by the Complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Housing register application

7. The Council awarded Mr B Band 3A priority for a one-bedroom property on the medical ground of his disabilities in December 2024. Mr B asked for a review of that decision in January 2025. Mr B said that he needed a two-bedroom property, as he has a carer who occasionally stays overnight. The Council upheld its decision in June 2025. It did not agree he needed an extra bedroom because it said the carer could stay in the living room on those occasions they needed to stay overnight.
8. We are not an appeal body. It is not our role to say whether the Council’s decision was correct. We can consider its decision-making, but unless there was fault in its decision-making, we cannot comment on the decision reached. The law says councils must allocate social housing in line with their published allocations scheme.
9. The Council’s Allocations Scheme states that ‘people with moderate health or disability problems where the housing conditions directly contribute to causing serious ill health’ shall receive Band 3 – medium priority. According to Section 3.6 of the same Scheme, a single person household will be eligible for a ‘bedsit or one bedroom’, but:

‘…the Council may however apply the following discretion with regards to agreeing property size...the applicant or a member of the household needs the support of a carer who will need to sleep in the home and cannot reasonably be expected to share a bedroom with another member of the household.’

10. The Council’s review decision shows it considered the information Mr X provided and its published allocations scheme. It set out the reasons for its decision. There is insufficient evidence of fault in the Council’s decision-making to justify further investigation.
11. The Council acknowledged a delay in carrying out the review, for which it apologised. As the outcome remained unchanged, an apology is sufficient to remedy the injustice caused by the delay and further investigation will not lead to a different outcome.

Homelessness

12. Since complaining to us, Mr B’s landlord served an eviction notice and Mr B made a homelessness application. Mr B has made a separate complaint to the Council about its handling of his homelessness application. We cannot investigate his concerns about that until the Council’s complaints process has been completed. The outcome of the homelessness application may affect the priority band Mr B is entitled to on the Council’s housing register.

Direct payments

13. Mr B also identified that his Direct Payments had been periodically reduced from October 2025. The Council explained on 8th January 2026 that a review was forthcoming in February. It is appropriate for that review to be concluded before we consider whether to investigate a complaint about this matter.

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Final decision

We will not investigate Mr B’s complaint about the Council’s handling of his housing register application because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman