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. It is reasonable for Miss X to ask for a new review of her case when she submits new information requested by the Council.

The complaint

1. Miss X complained about the Council rejecting her application to the housing register because it says she is not eligible for an additional bedroom. She says she needs a 3-bedroom home because of her children’s health problems.

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The Ombudsman’s role and powers

2. 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
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she applied to the housing register in 2023 because she needs an additional bedroom for her daughter who has health needs. She provided a recommendation from an Occupational Therapist to support her application. The Council told her that her application does not meet the threshold for an additional bedroom so she is considered to be adequately housed at present. It advised that she could ask for a social and disability Panel hearing if she provided further information related to her daughter’s schooling needs.
6. Miss X asked her Member of Parliament to contact the Council in 2024 and it responded to the MP’s enquiry confirming that Miss X had not yet provided the requested information. She then made a formal complaint and the Council re-iterated that without new information her housing application would remain ineligible.
7. We would expect a complainant to exhaust the review process before we could consider a complaint. In this case the right to have a further review by a Panel remains and the onus is on the applicant to provide new information if they wish to have the case re-considered. It is reasonable for Miss X to pursue a new panel review hearing.

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Final decision

8. 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. It is reasonable for Miss X to ask for a new review of her case when she submits new information requested by the Council.

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Investigator's decision on behalf of the Ombudsman