Summary: Mr X complained about the Council removing his application from the housing register for rehousing because he owes rent arrears from former tenancies. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X says his application to the housing waiting list was removed because the Council says he owes former tenant rent arrears on four separate accounts. He says he has arranged to clear the accounts or has been reducing them regularly and wants his application to be re-instated. He says he has disabilities and is having problems with his neighbours which he has reported to his housing association landlord.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says he was on the Council’s home choice housing register for a move to another property. The Council told him in 2017 and 2019 when he made applications that he could not register for re-housing until he cleared or regularly reduced the outstanding former tenancy rent arrears. Mr X re-applied in 2020 but gain he was informed by the Council that the outstanding arrears had not been cleared or sufficiently reduced.
5. Mr X says that he will clear the accounts shortly and that he wants to be re-instated on the register.
6. We do not investigate complaints just because the complainant feels they should be rehoused by a council. Unless there is fault in the assessment of the application they cannot ask for the decision to be changed. The Ombudsman recognises that the demand for social housing far outstrips the supply of properties in many areas. We may not find fault with a council for failing to re-house someone, if it has prioritised applicants and allocated properties according to its published lettings scheme policy.
7. Mr X should be able to re-apply for housing when his circumstances meet the requirements of the allocations policy.

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Final decision

8. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman