Summary: We will not investigate this complaint about the Council not adding the complainant to the housing register seven years ago. This is because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council did not add him to the housing register seven years ago. He wants the Council to give him a three bedroom house or backdate his housing application.

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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, or
• we could not add to any previous investigation by the organisation.

(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. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. Mr X says he applied to the Council seven years ago for a three bedroom house. He says he was told it would take a long time and he should register for mutual exchange instead. Mr X says he did not think the Council’s advice that he could not join the housing register was correct. Mr X says the Council refused to let him join the housing register.
5. Mr X complained to the Council in 2021. In response the Council said there were no records to show who he spoke to or what was said. It said officers would generally give advice which would include warning that it takes a long time to secure housing through the housing register. The Council said he could have made a housing application at any time.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council and because it is unlikely I could add to the Council’s response. There are no records so we could not establish what was said by either Mr X or the officer. Without any evidence we cannot know exactly what Mr X said or how the officer responded. It is possible Mr X may have been unclear in what he asked, he may have misunderstood the response or, equally, the officer may have misunderstood. But, we cannot resolve these issues due to the lack of records and the time that has passed.
7. Mr X says he did not think the advice he received was correct. He could have immediately made a complaint or submitted a housing application which would have allowed the issue to be resolved at the time. Mr X could have made a housing application on-line – he did not need the Council’s permission to make an application.

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Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman