The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for the housing register under the Right to Move rules. This is because the Council has reviewed the application and decided the complainant can join the register.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he does not qualify to join the housing register under the Right to Move rules. He wants the Council to allow him to join the housing register.
The Ombudsman’s role and powers
The Ombudsman investigates 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 the Council offers a fair remedy. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the decision letters about the housing application. I also considered our Assessment Code, new information from the Council, and comments Mr X made in reply to a draft of this decision.
My assessment
Mr X applied to join the housing register in August 2021. He made a new application in December and then asked for a review in April. Mr X needs to move so he has a better chance of getting employment, given the limited public transport and jobs where he lives now. He also says he qualifies because he is in hardship. Mr X said he qualifies to join the register under the Right to Move rules.
The Council rejected the application because Mr X is currently unemployed and does not need to move to take up a job offer because he has not received an offer of employment.
In response to my enquires the Council said it was reviewing the application again. It has now completed the review and decided Mr X can join the register. It has backdated the application to August.
I will not start an investigation because the Council has reviewed the application and decided Mr X can join the housing register. The Council hopes to send the review decision to Mr X next week.
Final decision
We will not investigate this complaint because the Council has reviewed the application and decided Mr X can join the housing register.
Investigator's decision on behalf of the Ombudsman