The Ombudsman's final decision
Summary: We will not currently investigate this complaint about the Council rejecting Mrs X’s housing application. Mrs X can ask the Council to review its decision. If she remains dissatisfied after that review, she can bring the complaint to us.
The complaint
Mrs X complains the Council said she did not qualify to join its housing register. She says that was contrary to undertakings the Council had given in court proceedings. Mrs X says this means she and her family cannot move to the area that would be best for them and they are without stable housing.
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 or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and copy correspondence from the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The central point of this complaint is the Council saying Mrs X cannot join the housing register. Mrs X wants the Council to reconsider that.
The law says Mrs X can ask the Council for a review of this decision. ( Housing Act 1996, s166A(9)(c)) Mrs X was unaware of that right because the Council’s letter telling her about its decision did not mention the review right, instead saying Mrs X could now complain to the Ombudsman. Understandably, Mrs X then contacted us. The Council now accepts it was wrong not to tell Mrs X about her review right. It says it will contact Mrs X to apologise and offer her the review right.
The Council was at fault for not telling Mrs X about her review right. Apologising and offering the review right now will put matters right appropriately. As the law provides the review right, it is reasonable that Mrs X should use it. If Mrs X asks the Council for a review, she can raise any points she considers relevant, including any undertakings she says the Council gave, in court proceedings or otherwise, about arranging housing.
If Mrs X remains dissatisfied after completing the Council’s review process, she can then ask the Ombudsman to consider a complaint about that. In that case, it would not be our role to take our own view on whether Mrs X should be on the housing register, but we might consider whether the Council had reached its decisions properly.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to use her review right.
Investigator's decision on behalf of the Ombudsman