The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that Ms X is not a Qualifying Person under its Housing Lettings Policy. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Ms X complains about the Council’s decision that she does not qualify for housing under its lettings policy because of the amount of savings she has. She says it has not properly considered her disabilities and housing needs.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
The Council considered Ms X’s disabilities and properly followed its housing policy. While Ms X may be disappointed with the decision that her savings mean she does not qualify for social housing under the Council’s lettings policy, there is no evidence to suggest fault affected the decision and no grounds on which to base an investigation of the complaint.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman