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, disagrees with the Council’s decision that he cannot 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 the complaint correspondence and the Occupation Therapy (OT) report. 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. The allocation policy says people can join the housing register if they have lived in the area for three of the last five years. One exception to this is when people have support needs that cannot be met outside the area.
5. Mr X lives in another council area. The OT report says his current home meets his needs and he manages his self-care. Mr X’s brother, who lives in the Broxtowe area, provides any extra support that is needed.
6. Mr X applied to join the housing register. He explained his brother and mother live in the area. He supplied the OT report and said his brother has a long journey, by bus, to visit.
7. The Council refused the application because Mr X does not meet the local connection rules. It explained that having relatives living in the area is not a qualifying condition. It also said that the OT report does not say Mr X has care needs that can only be met by moving to the area.
8. Mr X says he is struggling with personal care needs and domestic tasks because his brother can no longer afford to visit. Mr X says it is impacting on his physical and mental health.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X does not live in the area and, while his brother provided help and support, Mr X has not provided the Council with any evidence that he has care needs that can only be met by moving to the area. The Council’s decision is consistent with the evidence and the policy so there is no reason to start an investigation. We are not an appeal body and have no power to tell the Council it must allow Mr X to join the housing register.
10. If Mr X has evidence that his care needs have increased, and those needs cannot be met from within his local area, then he could send that evidence to the Council. Mr X could also contact his own council and ask for a social care assessment to see if any support can be provided.

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Final decision

11. We will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman