Summary: We will not investigate this complaint about housing allocations because there is insufficient evidence of fault in the Council’s actions.

The complaint

1. Miss Y complains about her position on the Council’s waiting list for a housing allocation. She says her current property is unsafe and unsuitable for her and her children.

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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. 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)

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How I considered this complaint

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

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My assessment

6. Miss Y applied to join the Council’s housing register. The Council said she did not qualify to join and Miss Y challenged this decision. The Council reviewed its decision and based on new information it decided Miss Y did qualify to join the register. There is evidence that the Council awarded Miss Y priority based on her housing needs and in line with its allocations policy.
7. Over time, Miss Y’s housing needs have changed. The Council has reviewed these changes in line with its policy when it has become aware.
8. I acknowledge the difficulties that Miss Y is facing in her current property. However, we will not investigate this complaint further because an investigation would unlikely find fault in the Council’s actions.

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Final decision

9. We will not investigate Miss Y’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman