The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainants cannot join the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainants, whom I refer to as Mr & Mrs X, disagree with the Council’s decision that they cannot join the housing register. They also query why they cannot bid for properties when they were given a bidding number.
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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainants and the Council. This includes the letters about the housing application and the allocations policy. I also considered our Assessment Code and invited Mr & Mrs X to comment on a draft of this decision.
My assessment
The allocations policy says people must have a local connection to join the housing register. People have a local connection if, for example, they have close relatives living in the area. If the applicant does not have a local connection they can join the register if they have a housing need as defined by the policy. But, without a local connection, they will be limited to band three on the register.
Mr & Mrs X have been on holiday to an area, by the coast, and would like to move there. They currently live in a different council area. They have referred to wanting to move to benefit from the sun, vitamin D, and being nearer the shops.
Mr & Mrs X applied to join the housing register. The Council rejected the application because they have no local connection and no housing need. Although the complainants have cousins in the area, cousins do not count as close relatives as defined by the policy. The Council said Mr & Mrs X have no housing need because they are housed in a bungalow which is suitable for their needs and they live on a bus route for the shops. The Council said that as they are social tenants they could consider a mutual exchange.
Mr & Mrs X disagree with the decision and see no reason why they cannot move. They say they spent over two hours filling in the application form and were given a bidding number.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s decision is consistent with the policy so there is no reason to start an investigation. I appreciate the complainants would like to move but they do not have a local connection and their desire to move because they like the area is not a housing need as defined by the policy. In addition, they were given an application number when they submitted the form, not a bidding number.
We are not an appeal body. We have no power to tell the Council to admit the complainants to the housing register. I can only consider if there was fault in the way the Council processed the application and I see no suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman