The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that it cannot rehouse the complainant in Harrow. This is because there is insufficient evidence of fault by the Council and there were review rights the complainant could have used.
The complaint
The complainant, whom I refer to as Mr X, complains the Council housed him in a different part of London without considering his family’s needs. Mr X is especially concerned about his wife’s health and lack of support. Mr X wants the Council to move him back to Harrow.
The Ombudsman’s role and powers
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, or it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
In 2020 the Council helped Mr X to find a new home. The property was in another borough in the private rental sector. Mr X remains in that property. The Council removed Mr X from its housing register because Mr X was adequately housed and had no housing need.
Mr X recently asked the Council to move him back to Harrow. Mr X says his wife has health issues and is without support in their current area. Mr X wants to move back to Harrow where they have family who can offer support.
The Council explained that he cannot join its housing register because he is adequately housed and he is not living in the borough. The Council said that having support needs is not a reason, under the policy, to join the housing register.
I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says that to join the housing register the applicant must be resident in the borough and have a housing need. Mr X has not been resident in the borough since 2020 and does not have a housing need as defined by the policy. The Council does not owe any housing duty to Mr X and could only re-house him if he was eligible to join the housing register and had a housing need (for example, being homeless). I appreciate Mr X and his family may feel they would have better support if they returned to Harrow but this is not a provision, under the policy, to join the housing register. In addition, even if Mr X could join the housing register, the shortage of social housing means people often wait many years before being offered a new home.
Mr X says his current home does not meet the family’s support needs. But, he could have asked for a review, in 2020, if he did not think the property was suitable. It is now too late for Mr X to ask for a review.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X could have used his review rights.
Investigator's decision on behalf of the Ombudsman