The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s application for housing as it is unlikely we will find fault by the Council.
The complaint
Miss X complains about the Council’s decision that she has no local connection to the area and the impact this has had on its decision on her priority for housing. Miss X says this has caused her extreme stress and feelings of displacement.
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 (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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. I have considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has a housing allocations policy which aims to ensure that social housing in the borough is allocated fairly and objectively, in accordance with relevant laws and regulations. Priority for housing is assessed against several criteria including whether a local connection is present and medical need.
The Council accepted Miss X on to its housing register on medical grounds, but her priority was reduced due to Miss X having not lived in the area long enough to have established a local connection.
Under the Council’s allocations policy, this is a decision the Council was entitled to make. We could only criticise it if there was fault in how it was made. From the records I have seen, the Council took account of Miss X’s personal circumstances, including her daughter’s attendance at school in the area, Miss X’s work patterns and whether there were exceptional circumstances to her case. As such, while I recognise Miss X is unhappy with the Council’s decision, I consider it is unlikely we will find fault in it, and we will not therefore investigate.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman