The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s housing application. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not include his daughter in his housing application or place him in a higher band. Mr X wants the Council to register him for a two bedroom home and increase his priority.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X. This includes the complaint correspondence and the allocations policy. I also considered our Assessment Code.
My assessment
The allocations policy says that when someone shares custody of a child, the child can be included in the housing application if the applicant is the main carer. The Council will consider which parent receives child benefit or tax credits, and where the child spends the most nights.
Mr X lives in a one bedroom flat. He has shared custody of his child. He needs a larger home so there is more space when his child stays with him. Mr X applied to join the housing register. He said his child stays with him for 130 nights a year and he does not receive any benefits. The Council registered Mr X for a one bedroom home and placed him in band three. The Council explained it cannot add his child to the application because he is not the main carer as defined by the policy.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X has regular contact with his child and she often stays with him. However, she does not live with Mr X for the majority of the time and he does not claim Child Benefit. The Council’s decision reflects the policy so there is no reason to start an investigation.
We are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with. We could not ask the Council to add Mr X’s daughter to the application because that would be contrary to the policy.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman