The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered Miss X’s housing application. This is because further investigation would not lead to a different outcome.
The complaint
Miss X complained that the Council did not take her circumstances into account when considering her housing application.
Miss X complained that this caused her stress and is having an impact on her mental health.
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 further investigation would not lead to a different outcome. (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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X was excluded from the Council’s housing register in 2018 due to housing-related debts and antisocial behaviour. Miss X was given a letter explaining the conditions that needed to be met to rejoin the housing register.
Miss X submitted a fresh housing application to the Council which was declined. Miss X asked the Council to review that decision, which it did. It upheld the decision and explained the debt needed to be paid before she could rejoin the housing register.
Miss X escalated her complaint and received a stage two response. The stage two response considered the Council’s allocations policy, Miss X previous exclusion, information from children’s services in support of Miss X’s application and her current housing. The Council upheld its previous decision.
We are not an appeal body. It is not our role to say whether the Council’s decision was correct. Unless we find fault in the Council’s decision-making process, we cannot comment on the decision reached. The law says councils must allocate social housing in line with their published scheme.
The Council considered its published scheme and explained its reasons for deciding Miss X did not qualify to join its housing register. Although it did not specifically explain how it considered the circumstances that led to housing-related debt, the decision is in line with its scheme. Further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman