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 Mr X, wants to join the housing register so he can have a flat. He currently lives in a House of Multiple Occupation (HMO).
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 Mr X and the Council. This includes Mr X’s housing applications and the Council’s decisions. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
People can join the housing register if they have a housing need as defined by the allocations policy. This could include people whose health is significantly affected by their accommodation, people who do not have enough bedrooms or people the Council has accepted as homeless.
Mr X lives in an HMO and has done so since at least 2019. He does not have a partner or children living with him and has not disclosed any serious health issues. He applied to join the housing register. He would like a flat so he does not have to share kitchen and washing facilities. In some of his applications Mr X said he qualified because the Council had accepted him as homeless.
The Council rejected his application because it decided he does not have a housing need. It explained he is not overcrowded because he does not lack a bedroom. It said it had not accepted him as homeless.
Mr X submitted another application in September which the Council is still assessing.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s decision that Mr X does not qualify for the housing register is consistent with the policy so there is no reason to start an investigation. We do not act as an appeal body. We have no power to over-ride the Council’s decision or to tell the Council it must allow Mr X to join the register.
Final decision
We will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman