The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to allow Mrs X to apply to its housing register. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mrs X complained about the Council’s decision to refuse her application for housing in November 2021. She says her private rented home is in a poor state of repair and this is affecting her mother’s health conditions.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 the complainant and the Council’s housing allocations policy.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X applied for housing in February 2021 and her application was rejected. She made a further application in November 2021 and supplied more supporting evidence but again she was rejected. The Council told her in its review of the decision that she was considered to be adequately housed at present and therefore did not qualify for the housing register.
We recognise that the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
Mrs X could ask the Council to inspect her home under the provisions of the Housing Act 2004 if she believes that it is in disrepair. If the Council identifies hazards which fall within its HHSRS enforcement provisions then it can require the landlord to carry out repairs or serve an improvement notice. This may also give Mrs X sufficient housing need to qualify for the housing register.
Final decision
We will not investigate this complaint about the Council’s refusal to allow Mrs X to apply to its housing register. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman