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 Mr X, complains the Council will not let him join the housing register.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes correspondence between Mr X and the Council and Mr X’s medical evidence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. The allocations policy says people can join the housing register if they have a housing need. A housing need includes people who lack at least two bedrooms or where the housing has a significant impact on someone’s health. In matters of disrepair the policy says people must try to resolve the problem with their landlord and priority will only be awarded when then is a category one hazard that cannot be resolved.
5. Mr X lives in a Housing Association flat. He lacks one bedroom. Mr X applied to join the housing register and submitted medical evidence stating the family’s heath is affected by damp and mould.
6. The Council refused the application. It said Mr X did not qualify due to overcrowding because he does not lack two bedrooms. It also said he did not qualify for medical priority and should contact the Housing Association about the disrepair. It invited him to contact the Council’s Environmental Enforcement Team for help with the disrepair. The Council says Mr X has not contacted the team and someone will now contact Mr X.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s decision that Mr X cannot join the housing register is consistent with the policy so there is no reason to start an investigation. Mr X would need to lack two bedrooms to qualify due to overcrowding and the health problems are caused by the conditions in the flat which Mr X needs to resolve with his landlord. Once the disrepair has been fixed then hopefully the medical issues will resolve. If not, Mr X could ask for a review of the property in relation to medical issues given that the disrepair has either been resolved or cannot be resolved.

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Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman