Summary: Mr X complained about the Council’s decision to exclude him from the housing register. 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 complained about the Council refusing his application for the housing register. He says he should be able to register for social housing because his needs may change in future and his landlord tried to evict him in the past.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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 applied to the Council housing register in 2020. The Council told him that he did not qualify to go on the register because his housing needs did not meet the requirements of its allocations policy.
5. Mr X asked for a review of the decision on his application. The Council carried out a review but came to the same conclusion that his current housing situation did not put him in a category to be eligible for rehousing.
6. The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. Unless there is fault in the assessment of the application, we cannot ask for the decision to be changed.

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Final decision

7. 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