The Ombudsman's final decision
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
The complainant, whom I refer to as Ms X, complains the Council will not let her join the housing register. She says she is eligible to join because she has lived in the borough all her life.
The Ombudsman’s role and powers
The Ombudsman investigates 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))
How I considered this complaint
I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council’s allocation policy says people can join the housing register if they can show they have lived in the borough continuously for the last five years.
Ms X applied to join the housing register in September 2021. She provided her mother’s address as her address. She also provided an address for a property she lived in during 2018.
The Council rejected the application because Ms X had not demonstrated she had lived in the borough for the last five years. This was partly because, during those five years, Ms X’s mother had been claiming the council tax single person discount. The discount is awarded to adults who live alone.
In response to her complaint the Council invited Ms X to provide evidence that she has lived in the borough for the last five years. It also invited her to make a homelessness application. The Council told me Ms X has not provided evidence to show she meets the five year rule and has not made a homelessness application.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because Ms X has not provided the Council with evidence that she meets the requirements. The Council can reassess the application if Ms X provides evidence that she has lived in the borough for the last five years. The Council’s decision is consistent with the policy so there is no reason to start an investigation.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman