Summary: The Ombudsman 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

1. The complainant, whom I refer to as Ms X, says the Council has ignored that she is a carer and complains about its decision not to let her 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 correspondence between Ms X and the Council about her housing application. I considered the housing allocation policy and comments Mrs X made in reply to a draft of this decision.

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What I found

Housing allocation policy

4. The policy says people can only join the housing register if they have a housing need as defined by the policy. The policy also says that a family of one adult and two daughters under 20 years of age, need a two bedroom home.

What happened

5. Ms X lives in a two bedroom Housing Association home with her two daughters who are both under 20. Ms X applied for the property from the housing register and moved in during 2018. Ms X is a carer for her mother and says she cannot properly carry out her caring role due to parking problems near her home.
6. Ms X applied to join the housing register. The Council refused the application on the grounds that she has no housing need. Ms X asked for a review. She said the Housing Association misled her about the parking situation and she may have to park 30 minutes away. She stressed her car is essential for her role as a parent, carer and student. She said her daughters should not have to share a room and the property is too expensive.
7. In response the Council said she had chosen this property and the advert had said there was no allocated parking. It said there is on-street parking but on a first come/first served basis. It said the rent was advertised so Ms X was aware of the cost and a two bedroom home is correct for the size of her family. The Council said it was up to Ms X to consider all the circumstances before deciding to bid for the property. It said she had declined an alternative housing offer. The Council confirmed its decision that Ms X is not eligible to join the housing register.
8. Ms X disagrees with the Council’s decision and says it ignored her need to move as a carer. She has referred to the allocation polices for different councils which she says would allow her to join. Ms X says she declined the other property due to the parking situation. Ms X also says that if she gave up the car the Council would have to provide care for her mother.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the allocations policy and Ms X does not have a housing need as defined by the policy. She lives in a property which is the correct size for her family. Ms X has parking problems but that is not a housing need as stated in the policy. Ms X says she could not care for her mother if she gave up the car. However, the Council can only assess an application based on the circumstances that apply when the application is made. When Ms X applied she had a car and said she was already providing care.
10. It is correct the Council did not specifically refer to the problems the parking issue causes in relation to Ms X providing care. But, the Council did refer to the parking problems. There is nothing about the accommodation which makes it hard for Ms X to be a carer; the issue is the parking which does not translate into a housing need to allow someone to join the housing register.
11. Ms X has referred to polices for other councils and says she would qualify under those policies. However, the Council can only assess the application under its policy; the polices that apply to other councils have no bearing on the application.
12. Ms X says the Housing Association misled her about the parking and she would not have accepted the flat if she had known the true parking situation. I cannot comment on the actions of the Housing Association because it is not part of the Council. Ms X would need to complain to the Housing Association.
13. I appreciate Ms X would like to re-join the housing register but the Ombudsman does not act as an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

14. 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