Summary: The Ombudsman will not investigate this complaint about the Council’s decision to reduce the complainant’s bedroom requirement on the housing register. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to reduce his housing application to a two bedroom need. He denies that his adult daughter is registered on another housing application.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the lettings policy. I invited Mr X to comment on a draft of this decision.

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What I found

Lettings policy

4. The policy says a person can only be registered on one housing application.

What happened

5. Mr X was on the housing register and registered for a three bedroom home. His son and adult daughter were included on the application.
6. The Council reduced the application to a two bedroom need and told Mr X that only his son was included. Mr X says an officer told him his daughter was no longer included.
7. In response to his complaint the Council told Mr X that a person can only be included on one application and that its records showed that a member of his household has a current housing application. The Council said that due to data protection it could not give more information about this.
8. Mr X believes the Council is referring to his daughter. Mr X says his daughter has stated she does not have a housing application and is not on another housing application. Mr X states he is now unable to bid for housing.
9. Mr X wants the Council to reinstate a three bedroom need. He also wants an apology and compensation.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. I cannot share information with Mr X due to data protection rules. But, I have checked and I can confirm that the Council’s decision to reduce Mr X’s application to a two bedroom need is correct and complies with the policy. The Council has also confirmed that Mr X has a live application, for a two bedroom home, and can bid.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman