Summary: We will not investigate this complaint about the Council’s decision to withdraw Miss X from their housing register. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complains the Council treated her unfairly by withdrawing her from the housing register.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Miss X was on the housing register and has received an offer for accommodation.
6. The Council withdrew Miss X's application due to incorrect and withheld information within her application.
7. Miss X complains the Council treated her unfairly by withdrawing her from the housing register.
8. The Counsil's policy states people will not qualify or be able to join the housing register if "The council is satisfied that they or an adult member of the household have, within the preceding 10 years, obtained or attempted to obtain housing or other housing related services/welfare benefits /public funds, from any public body in the UK, by making a false or misleading statement or withholding information, or encouraging someone else to do so on their behalf". The Council provided information demonstrating there was false or misleading information and withheld information within Miss X's housing application.
9. The Council reviewed the information provided by Miss X, explaining why she felt she had not intentionally misled or withheld information. The Council provided clear reasons why they decided she had provided incorrect information and withheld information. I am satisfied they followed their process correctly when making their decision to withdraw Miss X from their housing register.
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 someone disagrees with the decision the organisation made.
11. I will not investigate this complaint because there is insufficient evidence of fault in the way the Council made their decision, which would warrant an investigation.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman