The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council considered her housing application. This is because further investigation would not lead to a different outcome.
The complaint
Mrs X said the Council decided she did not meet its criteria to join the housing register. She complained it failed to properly consider her circumstances when making its decision.
Mrs X said this meant she count not join the housing register. She said this negatively affected her mental and physical health and caused difficulties in caring for her children. She wanted the Council to: reconsider its decision; consider her individual circumstances; and consider exercising discretion.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X said she is a lawful UK citizen and has permanently returned to the UK after living abroad. She complained the Council decided she did not meet the criteria to join the housing register and failed to consider her circumstances or exercise discretion.
The Council considered Mrs X’s housing application and applied the criteria from its allocations policy. It refused her application as she did not meet the criteria under the local connection qualification rule.
The Council acknowledged that it is not a blanket policy, meaning it can consider discretion. The allocations policy states under special circumstances, the Council might consider exercising discretion. Examples are listed as: reasons of safety; for example, when an applicant is suffering from domestic abuse or hate crime in another area; or where the applicant is on a witness protection program; or where not moving to the area would be detrimental to their wellbeing or cause significant hardship.
The Council’s allocations policy makes it clear under which circumstances it might exercise discretion. The Council considered Mrs X’s application against its policy and decided that Mrs X’s circumstances did not warrant discretion.
We will not investigate this complaint as further investigation would not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman