St Albans City Council (20 012 052)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 30 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to allow the complainant to join the housing register. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mr X, complains about the Council’s decision not to let him join the housing register.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I read the complaint and the Council’s letters regarding Mr X’s housing application. I read supporting medical evidence. I invited Mr X to comment on a draft of this decision.
What I found
Housing allocation policy
- The policy says people can join the housing register if they have lived in the area for three consecutive years prior to applying. If they do not meet the local connection rules they may be able to join if they have close family living in the area and the applicant is not adequately housed.
What happened
- Mr X lived in the Council area until 2019. In 2019 he moved to the South West. Mr X lives in supported accommodation in a flat that his big enough for his needs. Mr X has a mental health condition. Mr X is supported by the mental health team.
- In 2020 Mr X applied to join the housing register. Mr X says his move to the South West has not worked out and he wants to return to St Albans. Mr X reports he is being persecuted and threatened by his neighbours. Mr X has reported his concerns to his doctors and the police. A mental health worker supported Mr X’s application and said Mr X felt he would be more supported if he moved back to St Albans.
- The Council decided Mr X cannot join the housing register because he does not have a local connection and because he is adequately housed. This is because he has not lived in the area for three years immediately prior to the application. In reaching this decision the Council considered evidence from Mr X’s mental health team and from Mr X. It also noted it had not received any reports from the police that Mr X needs to move for safety reasons.
Assessment
- I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says people can join the housing register if they have lived in the area for the three years immediately prior to making the application or, under special rules, if they have family in the area and are not adequately housed. Mr X left the area in 2019 so does not qualify on time grounds and he is adequately housed so does not qualify under the special rules. I appreciate Mr X feels his move has not worked out and he would like to move back to St Albans. However, the Council’s decision is consistent with the policy, and the evidence, so there is no reason to start an investigation. In addition, we do not act as an appeal body and we cannot intervene because a council makes a decision that someone disagrees with.
Final decision
- I will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman