Summary: Mr A, an advisor has submitted a complaint on behalf of Mr X about the Council’s refusal to allow Mr X to join the housing register. The information shows a referral must be made for consideration under the supported accommodation move-on criteria to be considered. Mr A has not made a referral and so there is no fault by the Council. Mr A could now make a referral on behalf of Mr X.

The complaint

1. Mr A, an advisor, complains on behalf of Mr X that the Council did not properly consider his circumstances when refusing his application to join the housing register.
2. Mr X says the current supported accommodation he lives in is no longer necessary and he cannot afford it.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

6. Mr X is currently living in supported housing for homeless people. He says this is not long term accommodation and he is now ready to move on to independent accommodation. Mr X says that now he is working the accommodation is too expensive.
7. Mr X applied to join the housing register in October 2018. The Council considered Mr X’s application and explained it had assessed him as having to identified housing need. It said this was because he had one bedroom for his sole use. The Council said only applicants with an identified housing need can join the register and refused his application.
8. Mr X requested a review of the Council’s decision. The Council upheld its original decision refusing Mr X’s application to join the housing register. The review decision letter noted Mr X lived in supported accommodation and advised Mr X to contact its Homeless Prevention Team if he was ready to move on from this supported accommodation.
9. Unhappy with the Council’s decision, Mr X complained to the Ombudsman.

Analysis

10. Mr X says the Council did not properly consider his circumstances when assessing his application to join the housing register. Mr X no longer needs the services offered by the supported accommodation he lives in. He also says that now he is working, the accommodation is not affordable.
11. I am satisfied the Council followed the correct process when considering his application to join the housing register. The Council knew he was living in supported accommodation. It took the view he was adequately housed as he had sole use of one bedroom. I have not seen any information to suggest this is wrong.
12. The Council’s allocations policy includes details of how it will deal with applications from people moving on from supported accommodation. Mr X says his application should have been considered under this section. The policy says that in collaboration with social services and other agencies, clients placed in supported accommodation who are ready for independent living will be considered for move on accommodation. To be considered under this section of the allocation policy a referral form must be completed.
13. The Council says no referral has been made on behalf of Mr X. It is my understanding this referral could be completed by either a social worker or by a worker from the homeless project providing accommodation for Mr X. I have not seen anything which suggests Mr A has completed a referral for Mr X. I would expect that Mr A would be aware of this process and would be in a position to make a referral on behalf of Mr X.
14. Once a referral is completed and submitted to the Council, it will then consider the applicants circumstances. This includes their vulnerability, background and whether they could live in private sector accommodation.
15. On the basis of the information I have seen, I am not persuaded there is any fault in how the Council considered Mr X’s application to join the housing register. As a move-on referral has not been completed by Mr A, I cannot say the Council is at fault for not considering Mr X’s application under the move-on criteria.
16. It seems to me it is open to Mr A to now make a referral on behalf of Mr X and ask the Council to consider his circumstances under the move on criteria of the allocations policy.

Final decision

17. I will now complete my investigation as there is no evidence of fault by the Council in how it considered Mr X’s application to join the housing register.

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Investigator's decision on behalf of the Ombudsman