The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a Council decision that she is not eligible to join its housing register. There is insufficient evidence of fault to warrant an investigation.
The complaint
Ms X complains about a Council decision that she is not eligible to join the housing register. She says this has caused distress and has put her at risk of homelessness. She wants the Council to accept her onto its housing register.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s housing allocations policy states that to be eligible to join its housing register, applicants must have lived in the borough for a continuous period of at least six years. Some exceptions to this criterion are applied for applicants in specific groups or for exceptional circumstances.
Ms X first approached the Council in 2021 for housing support and the Council accepted it had a duty to prevent her from becoming homeless. Following this contact, Ms X moved into private rented accommodation in a neighbouring borough. As she had secured settled accommodation, the Council ended its homelessness duty. Ms X moved back to the Council’s area in April 2024.
In July 2024, Ms X applied to join the Council’s housing register. The Council refused her application as it stated she had not resided continuously in the borough for six years. Ms X submitted an appeal, but the Council upheld its decision.
We will not investigate this complaint. The Council’s decision appears in line with its housing allocations policy. Although I accept Ms X does not agree with the decision, we cannot question a council’s decision where it appears in line with its published policy. There is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman