The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to accept a housing application to the housing register. It is reasonable for Miss X to ask the Council for a review of its decision on her application.
The complaint
Miss X complained about the Council’s refusal to accept her application to the housing register because she does not meet the residency criteria. She says that she believes she meets the criteria and the Council should allow her application.
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 or continue an investigation if we decide 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 the complainant and the Council. I have also considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she applied to the Council’s housing register but was rejected due to her not meeting the criteria for residency. The Council says she has been in temporary hostel accommodation or temporary accommodation in another Council’s area for the residency qualification period and these do not qualify as settled accommodation under the terms of the allocations policy.
Miss X disputes the Council’s assessment of the application and believes she does qualify.
Applicants who wish to challenge a council’s assessment of their housing application can do so by asking for a review of the decision under s.166A of the Housing Act 1996. It is reasonable for Miss X to use this procedure.
Final decision
We will not investigate this complaint about the Council’s refusal to accept a housing application to the housing register. It is reasonable for Miss X to ask the Council for a review of its decision on her application.
Investigator's decision on behalf of the Ombudsman