Birmingham City Council (23 011 525)

Category : Housing > Allocations

Decision : Closed after initial enquiries

Decision date : 08 Dec 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s housing application. This is because there is not enough evidence of fault to justify investigating.

The complaint

  1. Mr X complains the Council closed his housing application. He says this impacts his mental health and his relationships. He would like the Council to reopen his housing application and provide him with suitable housing.

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The Ombudsman’s role and powers

  1. We investigate 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 continue 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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X joined the Council’s housing register in 2022. In 2023, he asked the Council to reassess his application due to a change in his circumstances. The Council asked him to provide supporting documents within 10 working days or it may close his application. He did not provide the documents so the Council closed his application and removed him from the housing register.
  2. The Ombudsman may not find fault with a council’s assessment of a housing application if it has carried this out in line with its published allocations scheme. I have viewed the Council’s published allocations scheme. This says it will treat a change in circumstance in the same way as a new application to join the register. It follows that someone may be found ineligible to join. On the information seen, there is no evidence of fault in the Council’s handling of Mr X’s application.
  3. I note the Council has told Mr X how he can rejoin the register.

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Final decision

  1. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman

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