Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s housing and homeless applications. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision not to include his daughter on his homeless and housing applications. He says he was led to believe that evidence form his ex-partner about residence would be sufficient to prove her residence.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s response. I have also considered the Council’s housing allocations policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council as being at risk of becoming homeless in 2022. He started living with is mother as a result and was awarded Band B under the Council’s allocations policy. In 2023 he approached the Council and said that he wanted his daughter to be included on his housing application because she spends 50% of the time at his home and the rest with her mother.
6. The Council says Mr X’s daughter is not currently included on his homeless or housing applications. It advised him to add his daughter to his household as currently she is not resident at his address and he is only considered as a single applicant. The homeless legislation requires actual residency of an applicant. The Council says if he applies to include his daughter it will consider this under the Homelessness Code of Guidance and he will receive a new decision.
7. The Council also advised Mr X to complete a change of circumstances for his housing application as he currently is only eligible to bid for 1-bedroom vacancies. If he wishes to add his daughter the Council’s policy includes a verification process which is different to that of the homeless guidance. Most applicants have to provide documentation proving receipt of benefits for the child at the applicant’s address or similar evidence.
8. Mr X has not yet applied to add his daughter to his homeless application or completed a change of circumstances form for his housing application. The Council has given advice about these procedures. If Mr X applies and his homeless circumstances are not accepted he will have a right of review and further appeal to the courts. Case law has determined how the Code of Guidance should be interpreted in these circumstances.
9. The Ombudsman has no authority to determine points of law and it would be reasonable for Mr X to appeal in such circumstances.

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Final decision

10. We will not investigate this complaint about the Council’s assessment of Mr X’s housing and homeless applications. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman