Summary: We will not investigate this complaint about the Council’s consideration of Mr X’s housing application. It is reasonable for him to seek a statutory review of the decision.

The complaint

1. Mr X complains that his application for housing has not been fairly considered. He says his son has not been considered to be part of his household and cannot be included on his application because he lives at a main residence elsewhere with his other parent. He believes there are particular circumstances which the Council has not paid regard to.

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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 or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied for rehousing on the Council’s housing register. He included his son on his application because he says he needs to live with him for his psychological needs. The Council told Mr X that his son does not qualify as being eligible to be included within his household because he lives elsewhere.
6. Mr X complained through both stages of the Council’s complaints procedure. In both responses the Council advised Mr X to exercise his statutory rights to a review of the decision which is under (s.166(1A)) of the Housing Act 1996. A review panel would consider any new information, such as medical or social issues which might affect the decision.
7. Mr X has not used his right of review yet and we will not investigate a complaint where there is a review available which the applicant can pursue.

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Final decision

8. We will not investigate this complaint about the Council’s consideration of Mr X’s housing application. It is reasonable for him to seek a statutory review of the decision.

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Investigator's decision on behalf of the Ombudsman