The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council’s decision that she does not qualify for the housing register because it says she does not meet the local connection qualification of the allocations policy. She says the Council should accept her because she has some medical grounds.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she applied to the Council’s housing waiting list but she was informed that she was not eligible under the allocations policy requirements. Miss X does not mee the local connection criteria which is one of the qualifying provisions.
She asked the Council to review its decision under s.166A of the Housing Act 1996. The Council carried out a review of her application but the decision remained unchanged. Miss X provided some evidence that she has medical conditions with her request. The Council says that these would not meet the reasonable preference requirements and that she has no exceptional circumstances which would make her eligible as a special case.
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.
I have seen no evidence of fault which would suggest that Miss X should be accepted onto the housing register. 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. We recognise that the demand for social housing far outstrips the supply of properties in many areas.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman