The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to remove the complainant from the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, disagrees with the Council’s decision to cancel her housing application and says it is not based on the policy. She wants the Council to re-open 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 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 Ms X. I also considered the Allocations Policy and our Assessment Code.
My assessment
Ms X joined the housing register in January 2023. Ms X had to leave her home through no fault of her own. In February 2023 Ms X went to live with friends in another council area. In early 2025 she went to stay with relatives in another part of the country. Ms X would like to move back to Thanet.
In 2025 the Council cancelled Ms X’s housing application because she does not meet the residency requirements and, after two years, it does not consider the move out of the area to be temporary. Ms X disagrees with the decision and says it is not based on the policy.
The policy says people can join the housing register if they have lived in the area continuously for three years prior to the application. There are some exceptions for a temporary absence. The policy also says the Council will cancel an application if the applicant is no longer eligible to join the register. Ms X is not eligible to join the register because she has lived away from the area since early 2023 and the Council does not regard the absence as temporary.
The Council’s decision reflects the policy so there is no reason to start an investigation. Further, the Council was entitled to form a view about whether it considers the absence to be temporary.
We are not an appeal body. We can only intervene if there is fault in the way a council makes a decision and I have not seen any suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman