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
Mr X complained about the Council’s decision to decline his application to the housing register because it says that his income exceeds the threshold for 2-bedroom need under its allocations policy. He says that the Council failed to take into account the tax and expenses associated with his part-time self-employment and used the gross figure for his earnings instead of the net one.
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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
Mr X says the Council rejected his housing application on the basis of his income which it says exceeds the threshold for the housing he needs under its allocations policy. He challenged the Council’s decision and asked it to reconsider the decision. The Council reviewed the decision which is a non-statutory review under s.166A of the housing Act 1996.
The Council told Mr X that he had not provided all the bank account details required and gave him time to provide details of his wife’s other accounts. It says he failed to do this but even based on the income from the accounts he provided his income exceeded the £56,000 threshold. The income is based on bank statements provided by the applicant and so should be the figure he has received after any deductions have been made for other reasons.
Final decision
We will not investigate @’s complaint because @
Investigator's decision on behalf of the Ombudsman