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 and Miss X could ask for a further review to consider new information about her medical needs.

The complaint

1. Miss X complained about the Council refusing her application to the housing register because it says she is ineligible under its allocations policy. She says she is overcrowded and leaks into the ceiling of her Council rented home since 2022 have made it necessary to move.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. 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 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))

4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council. I have also considered the Council’s housing allocations policy.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X says her social hosing flat is overcrowded and she has had problems with ceiling leaks since 2022. She applied for a transfer to a bigger property but the Council told her that she is ineligible to be on the housing register under its allocations policy.
8. Miss X asked for a review of the decision and in April 2024 the Council issued the review decision under s.166A of the housing Act 1996. The Council told her that to qualify on overcrowding grounds under the policy an applicant has to be short of 2 or more rooms for their needs. Miss X is assessed as only 1 room short which does not meet the threshold.
9. Miss X says she suffers from a psychological condition but the Council was not satisfied that she had provided sufficient recent information about how her housing affects her medical needs. Since the review was issued Miss X has sent us details of the medication which she takes but she would need to ask the Council to consider this evidence along with any current medical supporting documents for it to re-assess her needs in a further review.

We cannot investigate her complaints about housing repairs because tenants’ complaints about repairs to social housing properties falls within the remit of the Housing Ombudsman service. The Council has referred her to that body in its investigation of her complaint.

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Final decision

10. 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 and Miss X could ask for a further review to consider new information about her medical needs.

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Investigator's decision on behalf of the Ombudsman