Summary: We will not investigate Mr X’s complaint about the Council’s housing register decision. This is because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision he did could not join its housing register. He said the Council had not properly considered the impact of his current housing on his and his partner’s mental health. Mr X said this means he continues to live in unsuitable housing

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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.

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

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How I considered this complaint

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

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My assessment

What happened

5. Mr X and his partner made a housing register application. He said their current housing was unsuitable because of antisocial behaviour (ASB) and noise from neighbours, which was affecting their mental health.
6. The Council considered the information Mr X provided in support of his application and a patient summary provided by the couple’s G.P. The Council concluded they were adequately housed because they had a level access ground floor flat that met their medical needs. It said it was satisfied that the noise and ASB was being addressed. It advised Mr X could consider a mutual exchange with another Council tenant.
7. Mr X asked for a review. In its review decision, the Council considered all the evidence provided, including additional medical evidence from the GP and information about how the ASB was being managed. It concluded that, whilst it recognised the couple’s medical diagnoses and the difficulties they experienced with their neighbours, they were adequately housed.

My assessment

8. We are not an appeal body. Unless we find fault in the decision-making process, we cannot comment on the decision the Council reached.
9. The review decision shows the Council considered all relevant information and its published allocation policy. It explained its reasons for concluding Mr X and his partner were adequately housed. The decision reached is in line with its published policy and was made without delay. There is, therefore, insufficient evidence of fault to justify further investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify further investigation.

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Investigator's decision on behalf of the Ombudsman