Summary: We will not investigate this complaint about the Council’s decision that Ms X does not meet the relevant criteria to join its housing allocations scheme. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s decision that she is not in housing need and so cannot join its housing allocations scheme. She says it has not taken proper account of her medical evidence or that she has been the target of anti-social behaviour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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 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

4. I considered information provided by the complainant, including the Council’s decision on her review request.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. While Ms X may be disappointed with the Council’s decision that she is not a qualifying person for the purposes of its housing allocations scheme, there is no evidence to suggest fault affected its decision. The Council took into account the evidence provided by Ms X in relation to the anti-social behaviour she had suffered, her medical condition and family situation when it made its decision.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman