Summary: We will not investigate this complaint about a housing register decision. There is not enough evidence of fault in the Council’s decision making to justify us investigating.

The complaint

1. Mr X complained the Council refused his housing application for a larger property as his child stays with him at weekends and during school holidays.
2. Mr X said this caused distress.
3. Mr X wants the Council to reconsider its decision.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X asked the Council to review its decision to refuse his housing register application for a larger property.
8. In its review response, the Council upheld its decision and provided its reasons for doing so.
9. The Ombudsman 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.
10. 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 Mr X disagrees with the decision the organisation made.
11. In making its decision, the Council took account of the relevant guidance, its own policies and information from Mr X. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it.
12. We will not investigate Mr X’s complaint. There is not enough evidence of fault in the Council’s decision making to justify investigating.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision making to justify us investigating.

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Investigator's decision on behalf of the Ombudsman