The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot join the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s decision that he cannot join the housing register. Mr X has explained why his current home is unsuitable.
The Ombudsman’s role and powers
We investigate 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the letters about Mr X’s housing application and the allocations policy. I also considered our Assessment Code.
My assessment
The policy says people can join the housing register if they have a local connection. This includes people who have lived or worked in the area for five years before making an application or people who have a close relative who has lived in the area for five years.
Mr X applied to join the housing register in 2023. The Council refused the application because he moved to the area in 2022 and does not meet the local connection rules. Mr X has a relative who lives in the area but they are not a close relative as defined by the policy.
Mr X explained there are some mould issues in the flat. The Council’s private sector team looked at the photographs and found the issue was relatively minor. The Council offered advice about controlling mould. The Council also noted that while his home is too small he has not been asked to leave. The Council decided there are no exceptional reasons to let Mr X join the register when that would be contrary to the rules.
Mr X needs a larger home and he has explained the impact the lack of space is having on his family. But, I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says a person must meet the local connection rules and there is no evidence Mr X satisfies those rules. He does not meet any of the exceptions and the Council has decided that his circumstances are not so exceptional that he should be allowed to join outside of the normal requirements.
I appreciate Mr X disagrees with the Council’s decision but we do not act as an appeal body. We cannot overturn the Council’s decision or ask the Council to re-house Mr X. We can only intervene if there is fault in the way the Council made the decision and there is no suggestion of fault. The Council’s decision reflects the policy so there is no reason to start an investigation.
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