The Ombudsman's final decision
Summary: We will not investigate this complaint about the housing register because there is insufficient evidence of fault by the Council and because the problem has been resolved.
The complaint
The complainant, whom I refer to as Mrs X, complains the Council will not let her join the housing register even though a family member has asked her to leave. Mrs X says the Council should treat the relative as a close family member.
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 we decide: there is not enough evidence of fault to justify investigating, or the problem has been resolved.
(Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence and a recent homelessness decision. I also considered the Ombudsman’s Assessment Code.
My assessment
The allocations policy says people can join the housing register if they have a local connection with the area. This includes people who have specified relatives living in the area or people the Council has accepted as homeless. People may also qualify if they have worked in the area for at least a year.
Mrs X applied to join the housing register. She was living with a relative who has asked her to leave. The Council rejected the application because Mrs X does not have a local connection. The relative Mrs X has been living with is not one of the relatives stated in the policy. Mrs X has not been working in the area for 12 months.
Mrs X also made a homelessness application. The Council refused the application. Mrs X asked for a review. The Council changed the decision on review and accepted Mrs X as homeless. The Council will help Mrs X find temporary accommodation and accept a homeless application. Mrs X now qualifies to join the housing register because she has been accepted as homeless.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The initial decision to reject the housing register application was correct because Mrs X did not have a local connection as defined by the policy. And, although the Council also refused the homelessness application, it followed the correct process by offering a review and then changing the decision having considered the review. There is no suggestion of fault in the way the Council made these decisions.
I also will not start an investigation because the problem has been resolved. The Council has accepted Mrs X as homeless which means she will have access to the housing register.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the problem has been resolved.
Investigator's decision on behalf of the Ombudsman