Summary: We will not investigate this complaint about the Council’s assessment of a housing application. We would be unlikely to find evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X complained the Council had declined his application to join its Housing Waiting List.
2. Mr X says that because of Council failings, he is living in an unsuitable house.
3. Mr X says that he was not told about additional costs before signing the tenancy on his current property.

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The Ombudsman’s role and powers

4. 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)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

What happened

9. Mr X applied to the Councils housing waiting list in July 2024. He applied to move house for medical reasons.
10. Mr X was accepted onto the waiting list and offered a property in his preferred area.
11. In October 2024 Mr X viewed the offered property and signed the tenancy agreement.
12. In November 2024 Mr X applied the join the Council’s housing waiting list again. He said that he was not told about additional costs when he signed the tenancy agreement.
13. The Council refused Mr X’s application. It said that he was housed according to his needs and its housing allocation policy.
14. Mr X asked for a review of the decision. He said the accommodation did not allow room for a fridge freezer or washing machine. He said his medical conditions were worse living at the property.
15. The Council upheld its original decision not to put Mr X on the housing waiting list. It said his current accommodation met his medical needs advised in an occupational therapist assessment. Further it had housed him in his requested location and washing facilities were communal. It said after viewing the property, Mr X could have declined the tenancy offer. It said Mr X had told him his medical condition was under control through medication and his income and expenditure form showed he was able to afford the accommodation.
16. In its responses the Council also provided information about how to contact the tenancy officer, financial support and mutual housing exchange schemes.

My assessment

17. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
18. In its review decision the Council set out the evidence it had considered and its reasons for deciding his current property was suitable, which meant he did not have a housing need. Its decision is in line with its allocations scheme and there was no undue delay in making it. Therefore, there is insufficient evidence of fault in the Council’s decision-making process to warrant our involvement and we will not investigate further.
19. The Council said it explained the costs involved when Mr X signed the tenancy agreement. Mr X disputes this. We are unlikely to be able to resolve this conflict. In its review decision the Council considered whether the property was suitable for Mr X, including whether it was affordable for him and decided it was affordable. Therefore, there is nothing more we could achieve by investigating further.
20. Mr X signed the tenancy agreement and moved into the property. We cannot investigate any concerns raised about the property after this because these relate to the management of social housing.

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Final decision

21. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman