Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about the Council’s decision that she cannot join the housing register. She says she needs to move for health reasons and cannot afford to do so unless she can access social 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 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))
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes Mrs X’s housing application and the supporting evidence. I also considered our Assessment Code.

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My assessment

5. Mrs X applied to join the housing register. She explained she owns her home but has an interest only mortgage and will need to repay the whole loan. Mrs X said she needs to move because her home is unsuitable for health reasons.
6. The Council rejected her application because Mrs X owns her home. In reaching this decision the Council considered Mrs X’s mortgage position and property valuations. The amount remaining on the mortgage is about £185,000; valuations gave estimates for sale of between £235,000 and £275,000. The Council decided Mrs X would have sufficient resources to move or adapt her home.
7. Mrs X says that in addition to paying the mortgage, she has debts to pay. She says she cannot afford to rent, buy or adapt the property. Mrs X says the Council should allow her to join because she was on the register with a different council.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says most home owners cannot join the housing register. There are some exceptions, but the Council considered these by assessing the possible financial position after a sale, and by deciding that Mrs X could make adaptations to make her current home more suitable. I appreciate Mrs X says she has debts to pay, but the policy does not say the Council must reduce the amount available for housing by taking into account debts or mortgage type. In addition, the Council can only assess the application against its policy and not that of other councils.
9. Mrs X disagrees with the decision but we are not an appeal body and it is not my role to re-make the decision. I can only consider if there was fault in the way the Council assessed the application and I see no suggestion of fault.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman