The Ombudsman's final decision
Summary: We will not investigate this complaint about a housing register application. There is not enough evidence of fault to justify our investigating and further investigation is unlikely to lead to a different outcome.
The complaint
Mr X complained the Council incorrectly completed his housing review and did not consider its public sector equality duty.
Mr X said it caused distress as he believed he was at risk in his property.
Mr X would like the Council to reconsider the housing review, provide an apology and identify housing options for him.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils have a duty to allow eligible applicants to join the housing register. Mr X applied to join. The Council assessed his eligibility with the evidence Mr X provided and decided he did not meet the criteria.
Mr X appealed the decision, the Council asked Mr X for evidence that would support his eligibility. Mr X did not provide the evidence the Council asked for. The Council did not uphold Mr X’s appeal and provided Mr X with alternative routes for housing. There is not enough evidence of fault in how the Council considered Mr X’s application to justify our involvement in investigating.
Mr X complained to the Council and said it had not properly considered his circumstances or its public sector duty. He also complained about a procedural error in the correspondence he received that showed an incorrect date in the appeal timeline.
The Council’s response shows what it considered when it decided his application and appeal. It accepted a minor procedural error occurred, which could not have affected its final decision and provided Mr X with an apology. Without evidence of Mr X’s eligibility for the housing register our investigation is unlikely to lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our investigation and further investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman