The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Miss X complained about the Council’s decision to suspend her housing application for 12 months after she started a new tenancy and re-applied to the housing register. She says that the Council has made unreasonable demands for additional information which other applicants would not have to provide.
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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code. I have also considered the Council’s housing allocations policy.
My assessment
Miss X accepted a council tenancy in August 2023 as a direct let. In November she re-applied to the housing register. The Council informed her that her application would be suspended for 12 months which is part of its housing allocations policy applied to new tenants and mutual exchanges. Miss X believes this was unfair and that she has not had such requirements with previous landlords. She says her application should be re-activated but the Council says moving to a new address requires a new application as her housing needs will be different.
I have read the Council’s allocations policy and it confirms that new applications will be subject to the 12-month suspension unless there are exceptional circumstances. Miss X told the Council she had a car accident in November 2023 but the Council says this does not affect the suitability of her current home.
Miss X completed her new application asking for an additional bedroom for an overnight carer. The Council says she currently has a private arrangement with a carer and that she would need an assessment from Social Service Adult Care Service to verify that she has an identified need for overnight care before it could add this to her housing needs. This is also a requirement of the allocations policy.
The Council’s requirements for Miss X’s housing applications are in keeping with the requirements of its housing allocations policy. The policy was introduced before Miss X moved to her property and available for her to view when she was previously on the housing register. I can see no evidence that the policy has been applied differently to her application as it would be to any other applicant. We expect a council to apply its policy to all applicants equally and if it did not request the information from Miss X then other applicants with greater housing need could be disadvantaged.
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.
Final decision
We will not investigate this complaint about the Council’s assessment of a housing application. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman