Summary: We will not investigate this complaint about the complainant’s housing application. This 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 has not added his child to his housing application despite him sending all the requested information.

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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 about the application and evidence Mr X has submitted. 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 applied to add his partner to his housing application. He then removed her from the application but applied to add his new baby. Mr X’s partner does not live with him. The Council asked for proof that Mr X had applied for Child Benefit. Mr X said he did not wish to apply for benefits. He supplied a copy of the birth certificate and proof he had registered the child with a GP.
5. The Council is still assessing the application and hopes to make a decision in the next three weeks or so. It told Mr X there are some inconsistencies in the evidence he provided so it is making further enquiries. It said it uses public funds and must be satisfied with the evidence submitted. It said it is not treating Mr X differently as a male applicant and requires the same standard of proof from all. The Council said it was continuing to assess the application and explained that the GP registration does not prove the child lives with him.
6. The Council explained it has some concerns because, for example, Mr X is not receiving Child Benefit and full-time residency is usually established through Child Benefit. It said it is reasonable to expect him to apply for Child Benefit to demonstrate the child lives with him full-time. The parent not in receipt of Child Benefit would be assessed as having overnight access. The Council said there were other discrepancies such as there being a different address on the birth certificate.
7. Mr X says he made a mistake on the birth certificate and used a previous address. He also says it does not prove residency. He says he should not be forced to claim Child Benefit and neither he nor the mother wish to do so. He also says the mother has confirmed the child lives with him.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council is still assessing the application and is entitled to ask Mr X for further information until it is satisfied the child lives with him full-time. As Mr X has decided not to apply for Child Benefit, and the Council has found some inconsistencies, it is harder for Mr X to meet the evidence requirements. This, however, is not an indication of fault. I agree the birth certificate does not prove residency, but it is part of the body of evidence the Council is considering. And, while I cannot share confidential information with Mr X, I am satisfied the Council has grounds to make further enquiries.
9. The Council has invited Mr X to apply for Child Benefit and submit proof he has done so. But, regardless of this, the Council hopes to make a decision in the next few weeks. If Mr X disagrees with the Council’s decision he can ask for a review. We have no power to tell the Council to add the child to the application.

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Final decision

10. We 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