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 Ms X, complains the Council will not let her join the housing register. Ms X wants to join the register because she says she needs a larger two bedroom home.

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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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the correspondence about the housing application and photographs of the property. 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. The Council policy says people can join the housing register if they have a housing need as defined by the policy. The policy also says that two adults and two girls under the age of 18 need a two bedroom home.
5. Ms X moved to her home in 2021. It was advertised as a property with two bedrooms and suitable for up to four people.
6. Ms X had her second child, a daughter, in late 2022. Her other daughter is under five.
7. Ms X applied to join the housing register. She says the property is not big enough for four people.
8. The Council visited. The Council noted there were items such as a washing machine, car seat and ironing board in the second bedroom. The Council decided Ms X cannot join the housing register because she has no hosing need. This is because she needs two bedrooms and lives in a two bedroom property that is suitable for up to four people. The Council gave suggestions as to how Ms X may be able to utilise the flat to create more space in the second bedroom.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says people can join the housing register if they have a housing need. I appreciate Ms X would like a larger two bedroom home but the policy says she has a two bedroom need and she lives in a two bedroom home that is suitable for four people. In addition, the Council visited to assess the size of the property. The decision to refuse the application reflects the policy so there is no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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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