Summary: We will not investigate this complaint that the Council mis-advised the complainant about the housing register. This is because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response. In addition, there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council gave wrong advice about joining the housing register which negatively affected a major life decision. She wants the Council to backdate her housing application to February 2021.

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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
• any fault has not caused injustice to the person who complained, 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 Ms X and the Council. This includes the complaint correspondence and the housing application decision letters. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. Ms X owned a property. For financial reasons she decided to live with her partner in his rented home. Ms X says her partner spoke to the Council who said they could join the housing register if Ms X’s home was on the market.
5. Ms X put her flat on the market and moved in with her partner. Ms X applied to join the housing register. The Council rejected the application in May because Ms X owned a property. The letter explained that the demand for social housing outweighs supply and people should not rely on the housing register for accommodation. The letter invited Ms X to seek further advice.
6. Ms X sold her home in November. The Council accepted a housing application. Ms X is unhappy she may have to wait two years to be offered a new home.
7. In response to Ms X’s complaint, the Council said it could not find any record of her partner calling the Council and no record of him being given wrong advice. The Council identified a person that he might have spoken to but the officer is aware of the home ownership rules and did not recall the conversation. The Council could not determine if Ms X’s partner had called housing or another department. On balance, the Council thought it unlikely it would have provided the wrong advice about home ownership. The Council also explained that the May decision letter warned of limited housing stock and Ms X could have taken more advice or taken the flat off the market. The Council said it can never say how long it will take for someone to be housed and can only provide average waiting times. There is an average wait time of two years for a two bedroom home but Ms X may have a longer or shorter wait time.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council and it is unlikely an investigation would lead to a different outcome. The Council has no record of the phone call and thinks it is unlikely someone would have given poor advice about this matter. It is possible an officer gave the wrong information but it is also possible that Ms X’s partner was unclear in his question or misunderstood the response. In the absence of any evidence we could not conclude the Council gave wrong advice. It is correct that home owners cannot join the housing register. We could not ask the Council to backdate Ms X’s application because, until she sold the flat, she was ineligible to join. It is also correct that people spend many years on the housing register due to the shortage of social housing.
9. Ms X could have taken her flat off the market in May when she was notified of her unsuccessful application and of the shortage of housing. Although Ms X believes the Council provided poor advice, when she found out she was ineligible she could revaluated her position and considered whether she wanted to continue with the sale. On this basis there is insufficient evidence of injustice to warrant an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman