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 Ms X, complains that the Council will not 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 Council’s letters about Ms X’s housing application. I considered Ms X’s housing application and the medical evidence she submitted. I invited Ms X to comment on a draft of this decision.

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What I found

Housing allocations policy

4. The policy says people can only join the housing register if they have a housing need as defined by the policy. This can include people who have a medical condition and the current accommodation significantly affects that condition. The policy does not say people can join the register simply because they have an illness or medical condition.
5. People can also join the housing register if they live in private rented accommodation where there is disrepair and they have demonstrated that the disrepair cannot be fixed within 6 months.

What happened

6. Ms X lives in a three bedroom house which she rents from a private landlord. She lives there with her three children. She applied to join the housing register.
7. The Council rejected the application because she is adequately housed. Ms X asked for a review. She explained she has some medical conditions including asthma and some mental health issues. She said she struggles with the stairs. She explained there is mould in the house which affects her asthma. Ms X submitted some medical evidence from her GP.
8. The Council did a review but did not change its decision. It said she had not provided evidence that her current home has a significant impact on her health.
9. Ms X disagrees with the decision. She says she was a good tenant when she lived in a Council property. She says she struggles with the stairs and the high rent is difficult to manage.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says people can only join the housing register if they have a housing need. I have considered the medical evidence Ms X submitted and it does not demonstrate that her current home has a significant impact on her health. In addition, disrepair would only be relevant if Ms X provided evidence that her landlord cannot repair the problem within six months. The Council’s decision is consistent with the policy so there is no reason to start an investigation. In addition, we do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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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