The Ombudsman's final decision
Summary: We will not investigate this complaint about the number of points the complainant is eligible for on the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, complains the Council will not award more points with her housing application unless she moves back to the parental home. Ms X wants the higher points but based on her current circumstances.
The Ombudsman’s role and powers
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 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))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
The Council operates a scheme where adult children of social tenants, who live in the parental home, can join the housing register and get more points than they would otherwise qualify for. This is called the New Generation Scheme (NGS).
The Council registered Ms X for a home under the NGS scheme. Ms X made a successful bid and accepted a tenancy in January 2022. Almost immediately she became aware of disrepair issues in the property. Ms X has a complaint with another Ombudsman about this.
In January 2022 the Council told Ms X she could return the keys and bid for another home; if Ms X had returned to the parental home she would have retained the NGS points.
Ms X did not return the keys and stayed in the property. She rejoined the housing register in March 2022. The Council awarded points based on her current home; these were less than the NGS points.
Ms X wants to stay in the property and have the higher NGS points. The Council explained this is not possible. The Council reiterated in July 2023 that Ms X could return the keys, go back to the parental home, and retain the NGS points. The Council also explained Ms X had the option of making a homelessness application. Ms X has lived in the same property since January 2022.
I will not start an investigation because there is insufficient evidence of fault by the Council. The NGS points are for people who live with parents; Ms X moved out of the parental home in 2022 and remains in her own accommodation. The Council’s decision not to award NGS points, but to assess the application on Ms X’s current home, reflects the policy so there is no reason to start an investigation. Ms X has had problems with her current property but the policy still applies and she had the option of retaining the NGS points by returning to the parental home.
I appreciate Ms X disagrees with the Council’s decision but as it reflects the policy there is no reason to start an investigation. We are not an appeal body and it is not our role to remake a decision. We can only intervene if there is fault in the way the Council makes a decision and I see no suggestion of fault.
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