Summary: We will not investigate this complaint about the Council’s decision on Mr X’s eligibility for the social housing register. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s handling of his application and review to join the housing register. Mr X said it caused stress and uncertainty. Mr X wants the Council to reconsider his application.

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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
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied to join the housing register and was unsuccessful. Mr X asked the Council to review his decision and apply discretion in his case.
7. The Council reviewed Mr X’s application and decided he was ineligible to join the housing register due to exceeding income thresholds, set out in its allocations policy.
8. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
9. The Council considered the information provided by Mr X and applied its allocations policy when making its decisions. It clearly set out its reasons to Mr X. We will not investigate this complaint because there is not enough evidence of fault.
10. Mr X also complained about a delay in the Council’s response; however, further investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman