Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to let the complainant join 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, complains about the Council’s decision not to let him join the housing register. He denies engaging in inappropriate behaviour. He wants the Council to let him join the housing register.

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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 response. I considered social media comments made by Mr X and a court decision issuing an injunction against Mr X. I invited Mr X to comment on a draft of this decision.

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What I found

Housing allocation policy

4. The policy says people cannot join the housing register if they have demonstrated behaviour which makes them unsuitable to be offered a tenancy. Examples of inappropriate behaviour include convictions, being abusive to staff, and being subject to an anti-social behaviour order.

What happened

5. The Council has decided Mr X cannot join the housing register due to his conduct. The reasons for this decision include that, in 2020, the court issued an injunction against Mr X for his behaviour towards officers in 2020. The injunction prohibits Mr X from “assaulting, using threats, intimidating, or verbally abusing any Council officer”. The injunction carries a power of arrest issued under the Anti-Social Behaviour, Crime and Police Act.
6. The Council has also made the decision to exclude Mr X from the register because he made inappropriate comments to an officer by phone and posted inappropriate comments about an officer on social media. Mr X denies making inappropriate comments on social media.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council.
8. The court was satisfied that Mr X had engaged in inappropriate behaviour which is why it issued the injunction. In addition, I have seen comments posted by Mr X on social media in which he makes inappropriate comments about officers. The Council’s decision to exclude Mr X from the housing register is consistent with the policy so there is no reason to start an investigation.

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Final decision

9. 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