Summary: We will not investigate this complaint about decisions the Council made about the complainant’s housing application. This is because there is insufficient evidence of fault by the Council and there were review rights the complainant could have used.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not let him bid for accommodation and will not accept he has a local connection to the area. Mr X wants the Council to place him in the top band on the housing register and provide a new home as soon as possible.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• it would be reasonable for the person to ask for a council 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 information provided by Mr X and the Council. This includes the complaint correspondence and more recent events. I also considered our Assessment Code.

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My assessment

4. People must demonstrate they have a local connection to the area to join or remain on the housing register.
5. The Council can decide someone is ineligible to join or remain on the housing register if they are verbally or physically abusive to Council staff.
6. Mr X was on the housing register. He made comments which caused the Council to question if he met the local connection rules. The Council asked Mr X to provide evidence to demonstrate he meets the rules.
7. Mr X did not provide evidence about where he had been living prior to joining the register. But, Mr X did send abusive emails to the Council.
8. The Council decided Mr X is ineligible to remain on the housing register due to his conduct (the emails). The Council gave Mr X review rights against the decision that he is ineligible to remain on the register. Mr X did not use his review rights.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says people must demonstrate they meet the local connection rules. The Council was allowed to ask Mr X for further evidence about this. The policy also says the Council can remove someone from the register if it decides they are unsuitable to hold a tenancy due to their conduct. The Council’s decision reflects the policy so there is no reason to start an investigation. In addition, if Mr X disagreed with the Council’s decision he could have used his review rights.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and Mr X could have used his review rights.

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Investigator's decision on behalf of the Ombudsman