Summary: The Ombudsman will not investigate this complaint about a housing application because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that she cannot 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 information provided by the Council. This includes the housing application form, supporting evidence and the Council’s decision. I considered comments Mr X’s carer made in reply to a draft of this decision.

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What I found

Allocations policy

4. The policy says people can join the housing register if they have a housing need as defined by the policy. The policy defines how many bedrooms a family needs.

What happened

5. Mrs X applied to join the housing register. She said she lives with her husband and four children. Mrs X stated on the form that she lives in a four bedroom house. She also explained that her husband has health needs.
6. The Council refused the application because Mrs X had not shown she has a need to move. It said there was no evidence of a medical need to move or that Mrs X needed to move to give or receive care.
7. Mrs X asked for a review. She said she disagreed with the decision and she sent some supporting evidence. The supporting evidence gave general statements about a need to move to a larger home to support Mr X.
8. The Council confirmed its decision not to let Mrs X join the housing register. It said the family has a three bedroom need so the fourth bedroom can be used as extra space to support Mr X.
9. In her complaint to the Ombudsman Mrs X said they live in a three bedroom house. She said the rooms are very small. Mrs X also said she cannot share a room with Mr X due to his health needs and she has to share a room with her sons. She wants the Council to measure the rooms and agree they are overcrowded.
10. In response to a draft of this decision Mr X’s carer sent a copy of the tenancy agreement which says Mrs X lives in a three bedroom house. The Council told me it had not been sent a copy of the tenancy agreement.

Assessment

11. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council can only assess an application based on the information it has. The application form, which I have read, says Mrs X lives in a four bedroom home and, based on the policy, she has a three bedroom need. On this basis the Council’s decision is consistent with the policy and the fourth room can be used to support Mr X.
12. I have not seen any evidence to show that Mrs X told the Council she lives in a three bedroom home, cannot share a room with Mr X, and that the rooms are very small. As there is no evidence Mrs X shared this information with the Council, I cannot expect the Council to have considered it. Mrs X would need to provide further information to the Council to show she lives in a three bedroom house with small rooms. Alternatively Mrs X could make a new application and state on the application form that she lives in a three bedroom house.

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Final decision

13. 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