The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s decision that he is ineligible to be added to the housing register for social housing. He says it has ignored his comments that his current accommodation is insanitary and in disrepair.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council informed him his new application to the housing register following a change of address was ineligible under its housing allocations policy. He is a single man who recently moved to one-bedroom accommodation within a four bedroom house. The Council told him that under its policy his housing needs are one bedroom and he has now secured a tenancy which meets these needs.
He says he included on his application that his accommodation is insanitary because other residents smoke and the garden and bathroom /kitchen are not clean. The Council told him that if his home is in disrepair or insanitary, he should report this to the landlord. If this is unsuccessful, he should contact the Council’s private rented housing team who could check the accommodation for hazards or disrepair which are categorized under the Housing Act 2004.
The Council carried out a review of its decision at Mr X’s request. It decided that the original decision was unchanged and that he is adequately housed and ineligible for the housing register.
The Ombudsman may not find fault with a council’s assessment of a housing application/ a housing applicant’s priority if it has carried this out in line with its published allocations scheme.
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.
There is no evidence to show that Mr X’s application and review were not considered properly.
Final decision
We will not investigate this complaint about the Council’s assessment of Mr X’s housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman