The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s advice to Miss X regarding her eligibility to join its housing register as it is unlikely we will find fault by the Council.
The complaint
Miss X complains the Council has wrongly told her that she will not be eligible to join its housing register as she says she has lived in the area since she was a child. Miss X says this is impacting on her mental and physical health.
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 have considered the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s housing allocations policy explains that it will only accept an applicant to its housing register if they have a local connection to the Council’s district. To be classed as having a local connection, an applicant must have lived in the Council district continuously for the preceding five years or be aged over 55, require sheltered accommodation and have a close family member that has lived in the district for the five years.
The policy details categories of applicants where an exception is made to the local connection requirement.
I recognise that Miss X says she has lived in the area since being a child but in saying this, I believe Miss X is referring to having lived in the Essex area. As the Council’s policy indicates, Miss X would have had to have lived in its specific district area for the last five years to have the local connection needed to join its register. Miss X has not provided information to us that would indicate she would qualify on the second local connection ground or that her circumstances might mean she would qualify as an exemption to the local connection requirement.
As such, it is unlikely we will find fault by the Council, and we will not therefore investigate.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman