Summary: We 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 Mrs X, complains the Council will not let her remain on 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 responses. I considered Mrs X’s housing application and the allocations policy. I considered comments Mrs X made in reply to a draft of this decision.

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What I found

Council’s allocation policy

4. The policy says people can join the housing register if they have a housing need as defined by the policy.
5. The Council introduced a new housing register, and allocations policy, in 2020.

What happened

6. Mrs X lives in a four bedroom house. Mrs X had been on the housing register since 2013. When she applied to join the new register she had two adult children living with her. However, her son has recently moved out.
7. In 2020 the Council asked Mrs X to reapply because it had introduced a new housing register and policy. Mrs X reapplied. On the application form she explained she needs to move to a smaller home. Mrs X’s landlord has asked her to leave but the notice does not expire until the second half of 2021.
8. The Council rejected Mrs X’s application because she does not have a housing need as defined by the policy.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says people can join the new housing register if they have a housing need as defined by the policy. I have considered the policy and Mrs X does not have a housing need as defined by the policy. She is not living in overcrowded conditions and there are no issues relating to current homelessness, disability or disrepair. Mrs X may qualify once she is within 56 days of needing to leave her home. I appreciate Mrs X would like to move to a smaller and more affordable home, but that is not a ground, as stated in the policy, to allow someone to join the register.
10. Mrs X has explained she has been waiting for social housing for a long time, that she is a key worker, and she has been struggling financially. However, none of these factors mean she qualifies for the housing register.

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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