Summary: We will not investigate Ms X’s complaint about how the Council dealt with her housing register application. This is because there is not enough evidence of fault in how the Council reached its decision to justify our involvement.

The complaint

1. Ms X complains about how the Council dealt with her housing register application. Ms X believes the Council should treat her specific circumstances as exceptional.

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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.(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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. At Ms X’s request, the Council carried out a housing review and found that Ms X is not eligible for accommodation in the Council’s area because she is currently suitably housed in a neighbouring council’s area.
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 if it has carried this out in line with its published allocations scheme.
9. I will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council. The Council considered Ms X’s application, including all the information she provided about her specific circumstances and needs. The Council did not consider Ms X’s circumstances exceptional to justify deviating from its usual process. In the absence of evidence which shows the Council’s handling was procedurally flawed, we have no grounds to question the merits of the decision it made in this case. The Council appears to have fully justified its decision which was made in accordance with its published guidance.

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Final decision

10. We will not investigate Ms X’s complaint about the Council’s assessment of her housing application. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman